Majeed vs State Of Kerala on 17 May, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2395 of 2010()


1. MAJEED, AGED 26 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY S.I. OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.GEORGE MATHEW

                For Respondent  : No Appearance

The Hon'ble MRS. Justice K.HEMA

 Dated :17/05/2010

 O R D E R
                             K. HEMA, J.
                       ------------------------
                       B.A. No. 2395 of 2010
                  ------------------------------------
                Dated this the 17th day of May, 2010

                              O R D E R

This petition is for anticipatory bail.

2. According to the prosecution, the first accused was in

love with de facto complainant aged 31 years and in October

2009, she was taken to a lodge in Guruvayoor by both accused

Nos.1 and 2 and they committed rape on the de facto

complainant after giving sedative to her by the first accused.

Nude photographs of the de facto complainant were taken by the

first accused. Those were circulated and the complaint was

lodged on 22.11.2009.

3. The learned counsel for the petitioner submitted that

there is only a bare allegation that the rape was committed by

the petitioner, who is the second accused. According to the de

facto complainant, she was in love with the first accused and the

sedative was also given by the first accused and not the

petitioner. The photographs were also allegedly circulated by the

first accused only.

4. This petition is strongly opposed by learned Public

B.A. No. 2395 of 2010 2

Prosecutor and he submitted that taking into consideration the

nature of the offence committed, anticipatory bail may not be

granted. On hearing both sides, I find that F.I. Statement was

lodged as early as on 22.11.2009, about more than four and half

months. Later, this anticipatory bail application is filed on

13.04.2010. The petitioner could not be arrested so far. I am

satisfied that considering the nature of the offence committed,

this is not a fit case to grant anticipatory bail.

5. Hence the following order is passed:

Petitioner shall surrender before the

investigating officer or Magistrate Court

concerned within one week from this date of this

order and co-operate with the investigation.

This petition is dismissed

K. HEMA, JUDGE

ln