Judgment : 1. The petitioner is the sole accused in Crime No.2013 of 2013 of Parippally Police Station, who is alleged to have been committed offence punishable under Sections 452, 354 of the Indian Penal Code. 2. The allegation against the petitioner is that on 21.03.2013 at about 10:45 p.m., while the defacto complainant was about to go to sleep, she heard a murmur below the cot and she opened the door to sought the help of others. The neighbours came to the place and they had found that it was the petitioner who was below the cot. 3. The petitioner would say that he is innocent and that he has been falsely implicated. According to him, no such incident has happened and he says that he has been implicated with ulterior motive. 4. The learned Public Prosecutor opposed the petition and pointed out that he had caught red handed and there can be no complaint that he as falsely implicated. 5. After having the heard the learned counsel for the petitioner, the learned Public Prosecutor and also after having perused the records, the claim of the petitioner that he is falsely implicated cannot be accepted. The records also indicate that he had been misbehaving with the lady for quite sometime. The husband of the lady is abroad on employment. Considering the nature of allegations against the petitioner, the manner in which the offence was committed and also the fact that the investigation is at an infant stage preclude this Court from exercising jurisdiction in favour of the petitioner. The application is accordingly dismissed. However, if so advised, the petitioner may surrender before the Investigating Officer on or before 04.12.2013, who after interrogation, shall produce him before the JFCM Court concerned. If the petitioner moves an application for bail before the said court, the learned Magistrate shall consider and pass appropriate orders therein in accordance with law, preferably on the date of surrender itself.