IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 8965 of 2011 CRIME NO.324 OF 2011 OF CHELAKKARA POLICE STATION, THRISSUR. PETITIONER: ACCUSED -------------------- JABIR, S/O.UMMAR, MUNAMBATH HOUSE, PULAKODE, CHELAKKARA, THRISSUR DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT: --------------- THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE CHELAKKARA POLICE STATION, THRISSUR DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8965 OF 2011 ------------------------------------------------------ Dated this the 3rd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.324 of 2011 of Chelakkara Police Station, Thrissur District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that on 6.9.2011, the petitioner, an autorickshaw driver aged 30 years, sexually abused a girl aged 5 years. The petitioner was arrested on 13.9.2011 and he was remanded to judicial custody. 4. The girl was studying in the first standard. she has a height of only 108 cm. and a weight of only 18 kgs. The gravity of the offence can be imagined taking into account the age, height and weight of the victim. The investigation is not complete. If the BAIL APPL. NO.8965 OF 2011 :: 2 :: petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is most likely that he would influence and intimidate the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/