REJIE REGHU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 8th accused in Crime No.130/2006 of Pettah Police Station, Thiruvananthapuram for offences punishable under secs.376(2)(g) and 34 I.P.C., seeks anticipatory bail.

(2.) The learned Public Prosecutor opposed the application and produced the case diary for my perusal.

(3.) Athira alias Sony, the 18 year old daughter of Anandavally of Kunnukuzhi in Thiruvananthapuram was missing from her house since 6.6.2006. On the complaint of her mother a case was registered as Crime No.161/2006 of Museum Police Station under the caption "woman missing". The girl was subsequently traced out in the Rescue Home at Alappuzha on 26.6.2006. She was produced to the Museum Police Station on the next day and her statement was recorded. She stated that she was pregnant and that she had been ravished by several persons from various places commencing from the Onam vacation of 2003. The name of the petitioner also figures among the various persons who had allegedly ravished her. It is too early to accept the petitioner's contention that he has been falsely implicated in the case. Just because the name of the petitioner does not figure in the sec.164 Cr.P.C. statement given by the victim to the magistrate, it does not follow that the petitioner is not involved in B.A.180/2007 2 the offence. Such statement cannot be an encyclopedia of all events. The victim's statements under sec.161 Cr.P.C. also implicates the petitioner. There is no reason why the petitioner should not surrender before the magistrate and seek regular bail. This petition is accordingly dismissed.