SHIBU SOBHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the accused in Crime No.37/05 of Valappad Police Station for offences punishable under sections 307 and 376 IPC, seeks anticipatory bail.

(2.) An earlier application for anticipatory bail filed by the petitioner as B.A.No.5514/06 was dismissed by this court on 13.9.2006. It is thereafter that the petitioner has filed the present application.

(3.) The learned counsel for the petitioner made the following submissions:- The alleged rape was committed on 26.6.2004, the alleged attempt of murder was committed on 28.1.2005 and the complaint was actually filed on 6.4.2006 and that itself will show that it was a false complaint. The de facto complainant has been working in the shop of the petitioner since November, 2002. When the earlier application for bail was disposed of, the petitioner was in the dark about the circumstances under which the de facto complainant had attempted to commit suicide. The police had originally registered the very same crime for an offence punishable under section 309 IPC. Annexures E and F letters by the de facto complainant will indicate that she had some mental turmoil. But both these letters did not point an accusing finger at the petitioner and this court while disposing of the earlier application for bail had no occasion to consider these circumstances.