IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 129 of 2009()
1. ANISH KUMAR.T., AGED 31 YEARS,
... Petitioner
Vs
1. STATE - REPRESENTED BY PUBLIC PROSECUTOR
... Respondent
2. THE STATION HOUSE OFFICER,
For Petitioner :SRI.M.SASINDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :15/01/2009
O R D E R
K. HEMA, J.
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B.A. No. 129 of 2009
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Dated this the 15th day of January,2009
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 341, 323, 511
and 376(g) IPC. According to prosecution, while de facto
complainant was travelling in a motor cycle along with her son,
petitioner and others intercepted the vehicle, took away the
mother by force and petitioner attempted to commit rape on her.
3. Learned counsel for petitioner submitted that
petitioner is absolutely innocent of the allegations made.
Petitioner is an autorickshaw driver and on the date of
occurrence, petitioner had dropped a person at his destination
and while he was returning he saw a crowd and enquired as to
what had happened. Later he came to know that petitioner is
implicated in an office like this.
4. This petition is opposed. Learned Public Prosecutor
submitted that nature of allegations made against petitioner is
serious and this is not a fit case to grant anticipatory bail.
5. On hearing both sides and on considering the nature of
the allegations made, I am satisfied that it is not fit to grant
anticipatory bail. Incident occurred as early as on 27-12-2008
BA 129/09 -2-
and petitioner is bound to surrender before the Investigating
Officer and co-operate with the investigation.
Hence, petitioner is 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.