IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Bail Appl..No. 4017 of 2009 CRIME NO.214 OF 2009 OF PANGODE POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED -------------------------------------- ABDUL KALAM, S/O. ABDUL MAJEED, P.M.HOUSE, PULLPARA, ANAKUDY MURI, PANGODE VILLAGE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT AND STATE --------------------------------- 1. S.I.OF POLICE, PANGODE POLICE STATION PANGODE. 2. C.I.OF POLICE, VENJARAMOOD, TRIVANDRUM. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4017 OF 2009 ------------------------------------------------------ Dated this the 10th August, 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.214 of 2009 of Pangode Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that on 16.6.2009, the petitioner committed rape on his own daughter, aged 11 ½ years, at his residence. When the mother resisted, she was locked in a room and the offence was committed, according to the prosecution. The First Information Statement was given by the victim. She was studying in Bana-ath, Vellanchira, attached to the Arabic College. The specific case of the mother, daughter, the other inmates of the house and the relatives is that the two daughters of the petitioner are staying and studying in the Bana-ath only because of the bad conduct of the petitioner towards his daughters. The incident was on 16.6.2009. The petitioner was arrested on 17.6.2009 and he was produced B.A. NO. 4017 OF 2009 :: 2 :: before Court on 18.6.2009. The petitioner is in judicial custody since 18.6.2009. 4. I have perused the Case Diary file and considered the submissions made by the learned counsel for the petitioner as well as the learned Public Prosecutor. On consideration of the entire facts and circumstances, I do not think that the petitioner can be released on bail at this stage. The investigation is not complete. The medical officer who examined the victim has issued an accident register-cum-wound certificate, dated 16.6.2009, wherein it is noted that the hymen of the victim was intact. Vaginal swab, smear and nail clippings were taken for chemical analysis. The final opinion of chemical analysis is not obtained so far. 4. Taking into account the facts and circumstances of the case, I am of the view that the petitioner cannot be released on bail at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/