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UNNI @ RAJENDRAN, AGED 26 YEARS v. STATE OF KERALA, REP. BY - Bail Appl No. 664 of 2007  RD-KL 2758 (6 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 664 of 2007()
1. UNNI @ RAJENDRAN, AGED 26 YEARS,
1. STATE OF KERALA, REP. BY
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.ANAND
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 664 OF 2007
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DATED THIS THE 6th DAY OF FEBRUARY, 2007
O R D E RPetitioner who is the accused in Crime No.423/05 of Ottappalam Police Station for an offence punishable under section 376 IPC and section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeks anticipatory bail.
2. Learned Public Prosecutor opposed the application.
3. The case of the prosecution is that about 10 months prior to the date of complaint, the accused committed rape on the de facto complainant by securing her consent on a promise to marry her and that she has subsequently given birth to a child also.
4. Anticipatory bail cannot be granted in view of the bar under section 18 of the Special Act and also in view of the gravity of the offence. There is no reason why the petitioner should not surrender before the Magistrate concerned and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail, within two weeks from today, the same shall be considered and disposed of, preferably on the same date on which it is filed. This application is disposed of as above.
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