IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 Bail Appl..No. 4924 of 2008() ------------------------------------ CMP.7387/2008 of J.M.F.C.-II,NEYYATTINKARA CRIME NO.264/2008 OF VIZHINJAM POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- MUTHAPPAN, S/O.THOMAS, RESIDING AT THE HOUSE OF BELBON ANAKUZHY PURAYIDAM, VIZHINJAM VILLAGE FROM PARITHIYOOR PALLIVILAKOM VEEDU, POZHIYOOR DESOM, POZHIYOOR VILLAGE BY ADV. SRI.M.SREEKUMAR RESPONDENT : ----------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4924 OF 2008 ------------------------------ Dated this the 8th day of August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 511 of 376(2) of Indian Penal Code. According to the prosecution, a seven year old girl was attempted to be raped by the accused, who is aged 55 years, on 30.06.2008. On the basis of a complaint filed by the girl's mother, a crime was registered. 3. Learned counsel for the petitioner submitted that the F.I.R. will not reveal the necessary ingredients of the offence. But, learned Public Prosecutor produced the case diary and submitted that there are sufficient materials in the case diary, including the medical certificate, which will clearly show that an offence under Section 376 IPC itself was committed. Though the offence is registered under Sections 511 of 376(2) IPC, according to him, rape itself is committed. On hearing both sides and on going through the case diary, I am satisfied that the investigation is only at the preliminary B.A.4924/2008 2 stage and the petitioner was arrested only on 12.07.2008 and hence I am not inclined to grant bail to the petitioner. The petition is dismissed. K.HEMA, JUDGE pac