IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1229 of 2008() ----------------------------- CRIME NO.32/08 OF MUNAMBAM POLICE STATION .................... : PETITIONER/ACCUSED: ------------------------------------ 1. NIBIN, S/O. ANTONY, AGED 19 YEARS, CHERUVARAPPIL HOUSE, PALLIPURAM P.O., ERNAKULAM. 2. JOHN PAUL, S/O. PAUL, AGED 18 YEARS, THURINAMVEETTIL HOUSE, PALLIPURAM P.O., ERNAKULAM. BY ADV. SRI.P.L.DEVADAS RESPONDENTS: COMPLAINANTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. 2. S.I. OF POLICE, MUNAMBAM POLICE STATION, MUNAMBAM, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1229 of 2008 ------------------------------------- Dated this the 29th day of February, 2008 ORDER Application for anticipatory bail. Petitioners are accused 2 and 3. They face allegations in a crime registered for offences punishable, inter alia, under Sections 376 and 307 I.P.C. Altogether there are 3 accused persons. The 1st accused allegedly pretended to be in love with the victim. He along with the 2nd accused induced her to come on his motor cycle to the Cherai Beach. There, pretending to be in love with the defacto complainant, he defrauded her. He took to her to a lonely corner of the beach. There she was compelled to have sexual intercourse with him against her will and without her consent. She complained. The 1st accused then informed the 2nd and 3rd accused using a mobile phone. Accused 2 gone away after leaving the 1st accused and the victim at the beach. Later accused 2 and 3 came to the scene of the crime. The 1st accused gave the slip and went away. Accused 2 and 3 allegedly attempted to commit rape on the victim. When she resisted, apprehending that she may spill the beans, the petitioners attempted to cause her death by tightening her shawl around her neck. She B.A.No.1229 of 2008 2 ran away to a nearby resort and took shelter there. She narrated her tale of woes to the security guard who kindly took to her to the resort manager and thereafter the complaint was filed. I have adverted to facts in detail while dismissing the application for regular bail of the 1st accused in 1016 of 2008. I am not at all persuaded to agree that there are any circumstances justifying or warranting the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the learned Magistrate having jurisdiction or the Investigating Officer and then seek bail in the regular and ordinary course. 2. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. (R.BASANT, JUDGE) rtr/- B.A.No.1229 of 2008 3