IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5909 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4042/2011 CRMP.993/2011 of J.M.F.C.-II, ALUVA CRIME NO.735/2011 OF ANGAMALI POLICE STATION .................... PETITIONER/ACCUSED --------------------- CHACKOCHAN, S/O. DEVASSY, AGED 50 YEARS, MANAVALAN HOUSE, KODUSSERY PARAKADAVU, ANGAMALI, ERNAKULAM DISTRICT. BY ADV. SRI.S.RAJASEKHARAN NAIR SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLICPROSECUTOR, HIGH COURT OF KERALA, ERNKULAM. 2. SUB INSPECTOR OF POLICE, ANGAMALI POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5909 of 2011 ---------------------------------------------- Dated this the 26th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.735 of 2011 of Angamali Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. Originally the crime was registered under Section 511 of 376 of the Indian Penal Code. 4. The prosecution case is the following:- The First Information Report was registered on the basis of the information given by the mother of the victim. The mother of the victim stated that the victim aged 15 years was found gloomy and weeping in the house and she was reluctant to go out. On enquiry, she came to know that her neighbour (the petitioner herein) attempted to commit rape on the victim. The matter was reported to the police. On investigation, it was found that for the last one year, the girl was being sexually abused by the petitioner. The Doctor who examined the victim found that she was very much mentally upset due to the incident. Bail Appln.No.5909/2011 : 2 : 5. The petitioner was arrested on 16/05/2011 and he was remanded to judicial custody. Investigation is not over. The petitioner as well as the victim are neighbours. If the petitioner is released on bail, it is most likely that he would influence or intimidate the witnesses. It will be also detrimental to the interests of the victim. 6. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE skj