IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7708 of 2007()
1. SHANRAJ, AGED 24 YEARS, S/O.THYAGARAJAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.AJAYA KUMAR. G
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/12/2007
O R D E R
R.BASANT, J
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B.A.No.7708 of 2007
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Dated this the 14th day of December, 2007
ORDER
Application for anticipatory bail. Petitioner faces allegations
for offences punishable, inter alia, under Section 376 I.P.C. The
alleged victim is a young woman aged about 18 years. Crime
has been registered on the basis of a complaint filed by the
defacto complainant before the learned Magistrate and referred
by the Magistrate to the police under Section 156(3) Cr.P.C. It
would appear that admittedly a marriage was solemnised
between the petitioner and the victim. Such marriage was
solemnised under the provisions of the Special Marriage Act. The
spouses are at loggerheads now. Proceedings are pending before
the matrimonial court. Declaration of nullity of marriage has
been sought by the wife. Long later, she has filed this complaint
alleging commission of offences of rape, abduction etc.
Investigation is in progress. The petitioner apprehends imminent
arrest.
B.A.No.7708 of 2007 2
2. The learned Public Prosecutor after taking instructions
submits that while it is true that Crime 393 of 2007 of Parippally
Police Station has been registered on the basis of the allegations
raised by the defacto complainant, investigation has revealed
that it is not necessary to arrest the petitioner or to further
proceed against him. The learned Public Prosecutor submits that
the petitioner shall not be arrested in this case. In these
circumstances I find that the apprehension of the petitioner is
without any basis. This application for anticipatory bail is, in
these circumstances, dismissed accepting the submissions of the
learned Public Prosecutor.
3. If at any later point of time it is found necessary to
arrest the petitioner, such arrest shall not be effected without
taking prior permission of this Court, it is further directed.
(R.BASANT, JUDGE)
rtr/-