IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Bail Appl..No. 788 of 2008() ---------------------------- CRIME NO.18/08 OF VENJARAMMOODU POLICE STATION .................... PETITIONER : ACCUSED: ------------------------- SASIDHARAN @ SASI, S/O.MANOHARAN, SARANYA BHAVAN, PALAMUKKU THERUVILA, KALLARA ANAKUDI MURI, VAMANAPURAM VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.788 OF 2008 ------------------------------------------------- Dated this the 13th day of February, 2008 ORDER Application for regular bail. The petitioner - a person in his late 40s, faces allegations that he had committed rape on a 12 year old girl – a friend of his daughter, on 4/1/07. The victim/girl had accompanied the daughter of the petitioner to his house on a Friday to have her afternoon meals. The petitioner – an autorikshaw driver, was available in the house at that time. He allegedly sent his daughter to some other place on an errand and in the time that was available, he allegedly indecently assaulted and committed rape on the victim. The victim was thoroughly shaken and upset. In the evening when she came home she was running high temperature. When closely questioned by her mother, she revealed the information. The father of the victim is employed B.A. No.788 OF 2008 -: 2 :- abroad. The eldest sister of the victim was married. Her mother took the child to the eldest sister and her husband. It is thereafter that a complaint was filed. A crime has been registered. Investigation is in progress. The petitioner was arrested on 11/1/07. The petitioner continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He prays that the petitioner, who has been remaining in custody from 11/1/08, may now be enlarged on bail subject to appropriate terms and conditions. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the allegations reveal great depravity of mind and a gruesome crime. The seriousness of the crime must certainly be a relevant circumstance while considering the application for regular bail. Investigation is not complete. At any rate, the petitioner may not be enlarged on bail now, prays the learned Public Prosecutor. 4. I have considered all the relevant inputs. I have no hesitation to agree that there is merit in the opposition by the learned Public Prosecutor. The allegations reveal a most gruesome and serious crime as also great depravity of mind on the part of the offender. I am satisfied that the petitioner is not B.A. No.788 OF 2008 -: 3 :- entitled to be enlarged on bail at this early stage of the investigation. 5. This bail application is accordingly dismissed. But, I may hasten to observe that the petitioner shall be at liberty to move this Court or the courts below for bail again at a later stage of the investigation – not, at any rate, prior to 28/2/2008. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge