IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 6197 of 2009() -------------------------------------- CMP.8534/2009 of J.M.F.C.-I,KOTTARAKKARA CRIME NO. 1527/2009 OF KOTTARAKKARA POLICE STATION .................... PETITIONER/ACCUSED: ---------------------------------- SAMUEL @ PODIYAN, PANACHAMOOTIL HOUSE, CHIRATTAKONAM WARD, VETTIKKAVALA VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) RESPONDENT/STATE AND COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOTTARAKARA POLICE STATION. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6197 of 2009 ------------------------------------ Dated this the 3rd day of November, 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. 1527/2009 of Kottarakkara Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The victim is a girl aged eight years studying in the third standard. The petitioner is aged 65 years. Petitioner's grand daughter and the victim are studying in the same school. The girl used to come to the house of the petitioner regularly. The allegation is that on 22.09.2009, the petitioner sexually abused the victim. 4. The petitioner was arrested on 24.09.2009 and he was remanded to judicial custody. 5. The investigation of the case is not over. It is submitted that if the petitioner is released on bail at this stage, he would try to influence the witnesses. B.A. No. 6197 of 2009 2 6. Considering the nature and gravity of the offence and the age of the victim and assailant and the consequences which are likely to occur if the petitioner is released on bail, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln