IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5102 of 2008(A) ------------------------------------- CRMP.2376/2008 of J.M.F.C.-I,CHANGANACHERRY CRIME NO.251/2008 OF CHANGANACHERRY POLICE STATION .................... PETITIONER/5TH ACCUSED : ----------------------------------- SATHEESH KUMAR, AGED 52 YEARS, S/O.CHELLAPPAN, UTHRUTTATHI HOUSE, NEAR RAJARAJESWARI TEMPLE, THRIKKADAVOOR, THRIKKARUVA, KOLLAM BY ADV. SRI.DILEEP P.PILLAI RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5102 OF 2008 ------------------------------ Dated this the 19th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 366(A), 372, 373, 376 and 506(i) read with Section 34 of Indian Penal Code. According to the prosecution, defacto complainant's daughter, aged 14 years at the time of offence, is the victim in the case. She used to be taken by the first accused (who is a close relative of the defacto complainant) to her house from the house of the victim and also to the house of the second accused and her husband. From there, the minor girl was caused to have illicit relationship with many persons on many occasions. Later, the girl died on 05.05.2008 due to AIDS. 3. Petitioner is the 5th accused in the crime. He was arrested on 05.07.2008 and he is custody since then. Learned counsel for the petitioner submitted that the petitioner is a cardiac patient and he is innocent of the allegations made. B.A.5102 of 2008 2 4. This petition is seriously opposed. Learned Public Prosecutor submitted that the petitioner is habitually involved in offences of this nature. He is involved in 3 cases of sexual offences and two such crimes were committed while he was on bail. It is not a fit case to grant bail and the investigation is yet not over. On hearing both sides, I am satisfied that it is not fit to grant bail to the petitioner at this stage. If he has cardiac problem, medical assistance can be procured through the Superintendent of the jail concerned. The petition is dismissed. K.HEMA, JUDGE pac