IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Bail Appl..No. 7171 of 2008() ----------------------------- CRIME NO.691/2008 OF GURUVAYOOR POLICE STATION PETITIONER/ACCUSED -------------------------------------- RAJESH AGED 28 YEARS, S/O. GOPI, SOWPARNIKA HOUSE, CHERUVANNUR, FEROOK, KOSHIKODE. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE GURUVAYOOR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7171 of 2008 --------------------------------------------- Dated this the 25th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 376 IPC. According to prosecution, petitioner promised to marry defacto complainant and enticed her to go from her house to a lodge at Guruvayoor on 16.9.2008, and she was subjected to rape against her will and consent. 3. Learned counsel for petitioner submitted that the alleged incident happened on 16.9.2008. But, the statement was given only on 10.10.2008 and there is a delay in registration of the crime. It is also submitted that defacto complainant is a resident of Beypore. But, she has gone all the way to Guruvayoor police station to lodge the complaint. It is also submitted that defacto complainant is in the habbit of missing from the house earlier also. Annexure A2 is an FIR registered on the basis of a statement given by defacto complainant's father. In the said statement, it is clearly mentioned that defacto complainant is suffering from some mental illness. She was treated by the doctor. She was found missing on two occasions earlier and she was brought by the police. In such circumstances, anticipatory bail may be granted to the petitioner, it BA No.7171 /2008 2 is submitted. 4. Learned public prosecutor opposed this bail application. He submitted that the statement of the girl will clearly show that rape was committed against her consent and will. The girl is aged 21 years and petitioner had promised to marry her and hence, she accompanied him to the lodge. It is not possible to arrive at any conclusion, that the incident did not occur at all, on the basis of the submissions made by learned counsel for petitioner, it is submitted. 5. On hearing both sides, considering the serious nature of allegations made, I find that it is not a fit case to grant anticipatory bail. The facts pointed out by learned counsel for petitioner also are not sufficient for me to invoke provision under Section 438 Crl.P.C. Crime was registered as early as on 10.10.2008 and petitioner is required for investigation. Hence, petitioner is directed to surrender before the Investigating Officer without any delay and co-operate with investigation. Whether he surrenders or not, respondent is at liberty to arrest him at any time and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE csl