IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 3910 of 2009 CRIME NO.10 OF 2009 OF IRIKKUR POLICE STATION, KANNUR DISTRICT PETITIONER:ACCUSED: -------------------- T.KUNHIKANNAN, S/O.CHOTTA, 55 YEARS, CHALICHI HOUSE, BLATHOOR, P.O.KALLIAD, IRIKKUR. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O., IRIKKUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3910 OF 2009 ------------------------------------------------------ Dated this the 28th July, 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.10 of 2009 of Irikkur Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The de facto complainant is the mother of the victim. The victim was a mentally retarded girl. She was suffering from epilepsy also. While the de facto complainant, her daughter (sister of the victim) and others go for work, the victim alone would be available in the house. The accused is the husband of the sister of the de facto complainant. He is residing nearby. The allegation is that the victim was found pregnant and when questioned she stated that the petitioner had committed rape on her on several occasions and had threatened to kill her if she disclosed it to anybody. 4. Learned Public Prosecutor submitted that subsequently the victim gave birth to a child. Later, the victim died. B.A. NO. 3910 OF 2009 :: 2 :: 5. I have gone through the case diary. 6. In the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The petitioner is not entitled to the discretionary relief under section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/