IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 6627 of 2008() ----------------------------- CRMP.3003/2008 of D.C. & SESSIONS COURT,KOLLAM CRIME NO. 497/2008 OR KILIKOLLOOR POLICE STATION PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. MANU GOPAL, AGED 39 YEARS, S/O.GOPAL, KALANIKETAN, KALLUMTHAZHAM (P.O), KOLLAM. 2. SHANU, AGED 26 YEARS, S/O.JALAL, AMARAVILA VEEDU, PALKULANGARA, KILIKOLLOOR, KALLUMTHAZHAM (P.O), KOLLAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6627 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 342, 506(2), 377, 323, 324 read with section 34 IPC. According to prosecution, de facto complainant and his friend were travelling in a car. When they stopped the car for urination, the accused came there and first accused showed a weapon and compelled de facto complainant to have sex with him. When he refused, he was assaulted. Thereafter, accused 1 and 2 committed unnatural offence with de facto complainant. The other person was also assaulted by all the accused. 3. Learned counsel for petitioners submitted that the incident did not occur, as alleged. Petitioners are accused 1 and 2. The 1st accused came to close the gate in his compound, while he found some persons outside the gate being engaged in homo sexual activities. The 1st accused caught hold of one of them. But a group of people came there from the mosque at that time and, without knowing the actual facts started attacking petitioners. They also pelted stones of the house of the 1st accused. Petitioners are absolutely innocent of the allegations made, it is submitted. BA 6627/08 -2- 4. This petition is opposed. Learned Public Prosecutor submitted that this is a clear case where accused 1 and 3 had committed unnatural offence on de facto complainant and he and his friend were also assaulted by them. The 3rd accused also threatened de facto complainant and his friend. 5. On hearing both sides, considering the nature of allegations made, I find that it is not a fit case to grant anticipatory bail. The crime was registered as early as on 26-9- 2008 and petitioners are not co-operate with the investigation. Petitioners are directed to surrender before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.