IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Bail Appl..No. 3312 of 2010() ------------------------------------------ CRIME NO. 348/2010 PF KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT. ......... PETITIONERS/ACCUSED NO.1 -------------------------------------------- BABU,S/O.KUNJU,MALAYIL HOUSE,KAPPUMTHALA PARAMBRAM,MUTUCHIRA.P.O,KADUTHURUTHY, KOTTAYAM. BY ADV. SRI.P.VINODKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3312 of 2010 ------------------------------------ Dated this the 23rd day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 376 and 212 of the Indian Penal Code. According to prosecution, petitioner(A1) committed rape on a 17 year old mentally retarded girl, who was residing in his neighbourhood, after inviting the victim to his house under the pretext of showing television. Petitioner was harboured by second accused after the incident. 3. Learned counsel for petitioner submitted that there was a civil dispute between the families of the victim and accused and hence the case is falsely foisted against him. Petitioner was arrested on 06.05.2010 and he is in custody for the past 48 days. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner was in the habit of sexually assaulting the mentally retarded girl and on several occasions, he had committed rape. The investigation is in progress. 5. On hearing both sides and on considering the stage of investigation and the gravity of the offences alleged, I am not inclined to grant bail to petitioner at this stage. This petition is dismissed. K. HEMA, JUDGE ln