IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Bail Appl..No. 4404 of 2008() ----------------------------- CMP.979/2008 of ADDL. DIST. COURT (ADHOC)-II, KALPETTA .................... (CRIME NO.135/08 OF KAMBALAKKADU POLICE STATION) PETITIONER/ 3RD ACCUSED: -------------------------------------------- SANTHOSKUMAR, S/O.GOPALAN, LAKSHMI NIVAS, KANIYAMPETTA P.O, VYTHIRI, WAYANADU DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT: ----------------------- THE STATE OF KERALA REP.BY THE SUB INSPECTOR OF POLICE, KAMBALAKKADU POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------------------------------------------- Bail Application No.4404 of 2008 ------------------------------------------------------- Dated this the 6th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 366, 376 and 34 IPC. According to the prosecution, at the instance of the first accused, second and the third accused brought a woman for commission of rape to Wayanadu and thereafter, first accused committed rape on her and the defacto complainant lodged a complaint before the police based on which this crime was registered under the above Sections. 3. Learned counsel for petitioner submitted that the petitioner is only a driver of the vehicle. The vehicle also belong to him. But, he was not aware that the offence will be committed. He was asked to get the wife of the first accused to the house of the second accused and he was only acting in accordance with the request made by the first accused who is a police constable, believing it to be genuine. He is absolutely innocent of the allegations made. 4. This petition is opposed. Learned public prosecutor BA No.4404/08 2 submitted that the first and the second accused are granted regular bail but it may not proper to grant anticipatory bail to the petitioner. 5. On hearing both sides, I am satisfied that on the facts and circumstances of this case, it is not a fit case to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE csl