IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 6875 of 2009() ------------------------------------ CRIME NO. 400/2009 OF KAZHAKUTTAM POLICE STATION ...................................... PETITIONER/ACCUSED: ----------------------------------- ABDUL SATHAR MUSLIAR, AGED 66 YEARS, S/O.MOHAMMED MUSTHAFA, PUTHUVAPUTHEN VEEDU, CHEMPAZHANTHY (P.O). THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT/STATE/COMPLAINANT: ------------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6875 of 2009 ------------------------------------ Dated this the 25th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 400/2009 of Kazhakuttam Police Station. 2. The offence alleged against the petitioner is under Section 511 of 376 of the Indian Penal Code. 3. The victim is aged only 12 years. The accused, who is aged 60 years is a Madrassa teacher. The victim used to go to the Madrassa for the last 7 years. F.I. Statement was given by the victim herself. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegation levelled against the petitioner, I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. B.A. No. 6875 of 2009 2 5. It is submitted that the petitioner is a heart patient. Annexure IV O.P. Card is relied on in support of that contention. At the time of arrest and thereafter, if he is remanded to judicial custody, the investigating officer and the jail authorities as the case may be, shall take note of the same and afford all possible medical care to the petitioner. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln