IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Bail Appl..No. 2778 of 2009() ----------------------------- CRIME NO.113/09 OF VAZHAKKAD POLICE STATION PETITIONER: ACCUSED: ---------------------------- MOHAMMED, S/O.BEERANKUTTY HAJI, KARIYAMKAVIL HOUSE, MECHERY, CHURAPPATTA, VAZHAKKAD. BY ADV. SRI.T.G.RAJENDRAN SRI.T.R.TARIN RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- 1. THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2778 of 2009 ----------------------------------------- Dated this the 28th May, 2009 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.113/2009 of Vazhakkad Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 377 of the Indian Penal Code. 3. The prosecution case is that on 20.4.2009, the petitioner committed offence under Section 377 on a girl, aged only 11 years and on the next day he committed offence under Section 376 IPC on the same girl. The petitioner was arrested on 26.4.2009 and he is in judicial custody. 4. Learned Public Prosecutor submitted that if the petitioner is released on bail at this stage of investigation, it would affect the proper investigation. There is every likelihood of the prosecution witnesses being influenced and the petitioner fleeing from justice. BA.2778/09 2 5. Taking into account the facts and circumstances of the case, the nature of the offences and the present stage of investigation, I am not inclined to grant bail to the petitioner at this stage. The bail application is dismissed. K.T.SANKARAN, JUDGE vgs.