IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Bail Appl..No. 1859 of 2010() ------------------------------------------- (CRIME NO.33/2010 OF THE KOORACHUND POLICE STATION, KOZHIKODE DISTRICT) ................. PETITIONER/ACCUSED: -------------------------------------- JOBY JOHN, S/O.JOHN ALIAS KUNHACHAN, 28 YEARS, KUNNATH HOUSE, KARIYATHANPARA P.O., KOORACHUND, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. T. VEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J ---------------------- B.A.No.1859 OF 2010 ----------------------------------- Dated this the 27th day of May, 2010 O R D E R This is a petition for anticipatory bail. 2. The alleged offences are under sections 406, 498(A) and 377 IPC. According to prosecution, petitioner married defacto complainant and after the marriage he harassed defacto complainant physically and mentally. The main allegation is sexual harassment, compelling her for unnatural sex and exhibiting sexual perversity. He used to threaten her that naked photos will be taken in the mobile phone and it will be circulated. 3. Learned counsel for petitioner submitted that even if the entire allegations in the complainant are accepted, offence u/s.377 IPC will not be attracted. Hence, anticipatory bail may be granted. 4. This petition is opposed. Learned public prosecutor submitted that allegations made are serious in nature and B.A. No.1859/10 2 those related to compulsion of unnatural sex. 5. On hearing both sides and on considering the serious allegations made against petitioner which include harassment by sexual perversity etc., I am satisfied that this is not a fit case to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE. Sou.