IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 6967 of 2011() ----------------------------- (CRIME NO.860 OF 2011 OF PUDUKKAD POLICE STATION, THRISSUR DT.) PETITIONERS/ACCUSED NOS.1 & 2 ------------------------------------------------- 1. SIDDHIQUE, AGED 42 YEARS, S/O. HASSAN, MELEPURAYIDATHIL HOUSE, KALLOOR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. IBRAHIMKUTTY, AGED 17 YEARS, MINOR, S/O. SIDDHIQUE, MELEPURAYIDATHIL HOUSE, KALLOOR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6967 OF 2011 --------------------------------- Dated this the 2nd day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1 and 2 in Crime No.860 of 2011 of Pudukkad Police Station, Thrissur District. 2. The offence alleged against the petitioners is under Section 511 of 376 of the Indian Penal Code. 3. The defacto complainant is the daughter of the first petitioner and the sister of the second petitioner. She made a complaint to the office bearers of the help desk attached to the school that she was attempted to be sexually abused by her father and brother for a considerable period of time. Somehow she used to escape from the attack made by them. B.A. No.6967 OF 2011 2 4. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioners may be required in the case. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms