GOPALAKRISHNAN AYYAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER seeks anticipatory bail on the allegation that the Kalpetta Police are at his heels in connection with Crime No.405/2006 registered for an offence punishable under sec.376 IPC against one Balakrishnan.

(2.) THE learned Public Prosecutor on instructions submitted that the victim of rape in this case is a 22 year old mentally unsound lady who is not sure about the name of the person who had ravished her. THE police suspect that the petitioner is the person who, taking advantage of her unsoundness of mind, had taken her on a motorbike and raped her after taking a room in a lodge. According to the prosecutor the petitioner will be arrayed only if the lady identifies him as the person who had ravished her. Such being the position, anticipatory bail cannot be granted to the petitioner. But at the same time I am inclined to permit the petitioner to surrender before the Investigating Officer for custodial interrogation and then to have his application for regular bail disposed of by the Magistrate concerned. Accordingly, the petitioner shall surrender before the Investigating Officer on any day between 6.2.2007 and 8.2.2007 for the purpose of interrogation. THEreafter the petitioner shall be produced before the Magistrate who is having jurisdiction, on the same day. THE Magistrate shall consider and dispose of the application, if any, filed by the petitioner for regular bail preferably on the same day on which it is filed. This petition is disposed of as above.