IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 559 of 2007()
1. GOPALAKRISHNAN, S/O.AYYAPPAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.PHILIP M.VARUGHESE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :01/02/2007
O R D E R
V. RAMKUMAR, J.
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Bail Application No.559/2007
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DATED: FEBRUARY 1, 2007
O R D E R
Petitioner seeks anticipatory bail on the allegation that the Kalpetta Police are at
his heels in connection with Crime No.405/2006 registered for an offence punishable
under sec.376 IPC against one Balakrishnan.
2. The learned Public Prosecutor on instructions submitted that the victim of
rape in this case is a 22 year old mentally unsound lady who is not sure about the name
of the person who had ravished her. The police suspect that the petitioner is the person
who, taking advantage of her unsoundness of mind, had taken her on a motorbike and
raped her after taking a room in a lodge. According to the prosecutor the petitioner will
be arrayed only if the lady identifies him as the person who had ravished her. Such
being the position, anticipatory bail cannot be granted to the petitioner. But at the same
time I am inclined to permit the petitioner to surrender before the Investigating Officer
for custodial interrogation and then to have his application for regular bail disposed of by
the Magistrate concerned. Accordingly, the petitioner shall surrender before the
Investigating Officer on any day between 6.2.2007 and 8.2.2007 for the purpose of
interrogation. Thereafter the petitioner shall be produced before the Magistrate who is
having jurisdiction, on the same day. The Magistrate shall consider and dispose of the
application, if any, filed by the petitioner for regular bail preferably on the same day on
which it is filed. This petition is disposed of as above.
V.RAMKUMAR, JUDGE
mt/-