IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 377 of 2009(B) ----------------------------------- CRIME NO.700/2008 IN HARIPAD POLICE STATION PETITIONER/ACCUSED : ----------------------------- BINEESH, AGED 18 YEARS, S/O. BINEESH BHAVAN, THOMALLAKKAL NORTH, KUMARAPURAM VILLAGE, HARIPAD. BY ADV. SRI.S.MOHANAN RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.377 OF 2009 -------------------------------- Dated this the 29th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 376 of I.P.C. According to prosecution, petitioner has committed rape on the defacto complainant on 27.12.2008. 3. Learned counsel for petitioner submitted that a reading of the F.I. Statement itself will show that no such incident would have happened as alleged. It is also pointed out that the boy is aged 18 years and the girl is aged 23 years and she is elder to the boy by 5 years. It is also submitted that the girl had given the complaint at the instigation of the neighbours. It is also submitted that the alleged victim has given a statement to the Superintendent of Police, Alapuzha that she has no complaint. Therefore, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that a reading of the F.I. Statement will clearly reveal a case of rape and there is no improbability in the allegations made. The incident occurred on 27.12.2008 and on the same day itself she gave a complaint. The girl is aged 21 B.A.No.377 of 2009 2 years, as per the F.I. Statement. The age difference has nothing to do with the commission of the offence, it is submitted. It is also submitted that he has no information from the police that the girl gave a statement to the effect that she has no complaint. It is also pointed out that the girl is a major and she has given a complaint under her signature and it is not indicated therein that it was given at the instigation of any person. It is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and in a case of this nature, I am not inclined to grant anticipatory bail. Petitioner is required for investigation. Hence, petitioner is directed to surrender before the Investigating Officer or authority and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac