IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Bail Appl..No. 5723 of 2011() ----------------------------- CRIME No.408 OF 2011 OF BEKAL POLICE STATION, KASARAGOD DISTRICT ----------------------- PETITIONER/ACCUSED :- -------------------------------------- BABU, S/O.LATE BHASKARAN, NHEKLI, BARE VILLAGE, MAILATTY P.O., KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S)/COMPALINANT :- -------------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, KASARAGOD DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K.T.SANKARAN, J. --------------------------------- B.A. No.5723 OF 2011 --------------------------------- Dated this the 27th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the sole accused in Crime No.408 of 2011 of the Bekal Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that the petitioner, a married man made promise to the defacto complainant, an unmarried woman, aged 32 years, that he would marry her. The petitioner and the defacto complainant's brother were friends and they were working abroad. It is alleged that on an occasion when the petitioner came to India, he went to the house of the defacto complainant and the offence was committed. The defacto complainant became pregnant and B.A. No.5723 OF 2011 2 she delivered of a child. 4. The learned counsel for the petitioner submitted that though the defacto complainant delivered of a child in December, 2010, the first information statement was given only on 2nd July, 2011. 5. In an offence of this nature, I do not think that the discretionary relief under Section 438 of the Code of Criminal Procedure could be granted. The matter requires investigation. If anticipatory bail is granted, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms