ABOOBACKER SIDHIQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the sole accused in Crime No.468/06 of Ottappalam Police Station for an offence punishable under section 376 IPC, seeks anticipatory bail. The alleged occurrence took place on 2.12.2005 on which day the 17 year old victim by name Savithri was allegedly ravished by the petitioner.

(2.) IT is too early to conclude that the allegation from the defacto complainant is false and that the petitioner is not guilty of the offence alleged and that the delay in lodging the complaint is fatal to the prosecution. Anticipatory bail cannot be granted in a case of this nature involving grave offences. There is no reason why the petitioner should not seek regular bail after surrendering before the Magistrate concerned. 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. With this observation, this petition is dismissed.