IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4317 of 2008()
1. MOHANAN, AGED 25 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.VINOY VARGHESE KALLUMOOTTILL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :22/07/2008
O R D E R
K. HEMA, J.
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B.A.No. 4317 of 2008
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Dated this the 22nd day of July, 2008
O R D E R
Application for anticipatory bail.
2. The alleged offence is under section 376 IPC. Learned counsel
for the petitioner submitted that the defacto-complainant is of a loose moral
character and she had filed a similar complaint against another person by
name Manu about one year prior to the lodging of the F.I.R. in this case. It
is also pointed out that as per the allegation in the First Information
Statement itself she had sexual intercourse with the petitioner on several
occasions on the promise that he will marry her. It is also submitted that the
defacto-complainant is aged 20 years.
3. This application is opposed. The learned Public Prosecutor
submitted that in the First Information Statement itself it is alleged that the
petitioner had committed rape on the defacto-complainant on 15-3-2008. It
is clear from the statement that she was forcibly raped by the petitioner
without her consent, though thereafter she had sexual intercourse with the
petitioner on the promise that he will marry her.
BA 4317/08 -2-
4. On hearing both sides, I find that this is not a fit case to grant
anticipatory bail.
The application is dismissed.
K. HEMA, JUDGE.
mn.