IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 Bail Appl..No. 2859 of 2009(U) ------------------------------ CRIME NO.79/2009 OF BEDIYADUKA POLICE STATION PETITIONER/ACCUSED -------------------------------------- UNISEZ, AGED 18 YEARS, S/O.EBRAHIM, PAJUPPEE, MAIRE VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, BEDIYADUKA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.2859 of 2009 -------------------------------- Dated this the 18th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.79 of 2009 of Bediyaduka Police Station. 2. The offences alleged against the petitioner are under Sections 377 and 506(ii) of the Indian Penal Code. 3. I have gone through the case diary. The victim is a ten year old boy studying in Vth standard. He was sent by his father to purchase fish. On his way, the accused invited him to his house. At that time, there was nobody in the house. It is alleged that the victim was taken to a room and the accused committed the offence. The further allegation is that the accused threatened the boy that if he were to disclose anything to others, he will be thrown in a well and killed. The boy reported the matter to his father. Immediately, the father of the boy lodged the FI statement before the police. 4. Taking into account the facts and circumstances of the case, I am of the view that the petitioner is not entitled the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl