IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 Bail Appl..No. 3793 of 2010() ----------------------------------------- (CRIME NO.247/2010 OF PALODE POLICE STATION,THIRUVANANTHAPURAM DISTRICT) .................... PETITIONER (S): ACCUSED: -------------------------------------------- ARUNKUMAR.S, S/O.SASIDHARAN.P, SASTHAMVILAKATHU VEEDU, OTTUPALAM, NANNIYODE, PACHA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE AND COMPLAINANT: --------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PALODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. --------------------------- B.A. No. 3793 of 2010 ------------------------------------ Dated this the 8th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 376 of the Indian Penal Code. According to prosecution, de facto complainant was in love with petitioner and he had promised to marry her.On 07.04.2010 at about 7 A.M., petitioner wanted her to go to his house and on reaching there, she was taken to the bed room and thereafter he committed rape on her, without her consent. After the incident, he avoided her phone calls and she knew that she was cheated. Thereafter, she attempted to commit suicide by hanging, but she survived and she was taken to the hospital. 3. Learned counsel for petitioner submitted that petitioner had not committed any offence. The F.I. Statement itself will reveal that the act was committed with the consent of the de facto complainant and therefore, no offence will lie. Victim is aged 20 years. B.A. No. 3793 / 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that it is clearly mentioned in the F.I. Statement itself that the sexual act was committed without the consent. After knowing that the de facto complainant was cheated, she had even attempted to commit suicide. She was hospitalised and examined by the doctor. The medical report will reveal that there was sexual assault on the de facto complainant. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides and on going the case diary particularly the medical report, I am satisfied that this is not a fit case to grant anticipatory bail. The incident happened as early as on 07.04.2010 at about 7 P.M. The petitioner is bound to surrender before the investigating officer and co-operate with the investigation. 6. No further application for anticipatory bail by petitioner will be entertained by this court in this crime hereafter. Petition is dismissed. K. HEMA, JUDGE ln