IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6627 of 2008()
1. MANU GOPAL, AGED 39 YEARS,
... Petitioner
2. SHANU, AGED 26 YEARS, S/O.JALAL,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :24/11/2008
O R D E R
K. HEMA, J.
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B.A. No. 6627 of 2008
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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.