IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 97 of 2007()
1. R.RAJESH KUMAR, S/O.RAJENDRAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.V.PHILIP MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :10/01/2007
O R D E R
V. RAMKUMAR, J.
---------------------------
B.A.NO.97 OF 2007
---------------------------
Dt. JANUARY 10, 2006
ORDER
Petitioner who is the 2nd accused in Crime No.393/2006
of Ranny Police Station for an offence punishable under
sec.376 read with sec.34 I.P.C., seeks anticipatory bail.
2. The learned Public Prosecutor opposed the
application submitting inter alia that the de facto
complainant who is the victim is a mentally retarded lady
aged 26 years and that the petitioner also had ravished the
girl.
3. Having regard to the facts of the case, I am not
inclined to grant anticipatory bail to the petitioner.
But, at the same time, I am inclined to allow the
petitioner to surrender before the Investigating Officer
and then have his bail application disposed of by the
magistrate concerned. Accordingly, the petitioner is
directed to surrender before the Investigating Officer on
any day between 11.1.2007 and 16.1.2007 for the purpose of
custodial interrogation and subjecting the petitioner to
potency test etc. Thereafter the petitioner shall be
produced before the magistrate who is having jurisdiction,
on the same day. The magistrate shall consider and dispose
B.A.97/2007 Page numbers
of the application, if any, filed by the petitioner for
regular bail preferably on the same day on which it is
filed. With this direction this petition is disposed of.
(V.RAMKUMAR, JUDGE)
mt/-