IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 6870 of 2009 CRIME NO.500 OF 2009 OF PALODE POLICE STATION PETITIONER/ACCUSED -------------------------------------- R.RAJI KUMAR, S/O. RAGHAVAN PILLAI, EDAKKUNNIL VEEDU, MANNAMTHALA, THENOOR VILLAGE, ELANDRIYAM P.O., PALODE, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. SUB INSPECTOR OF POLICE, PALODE POLICE STATION, PALODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6870 OF 2009 ------------------------------------------------------ Dated this the 25th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.500 of 2009 of Palode Police Station. 2. The offence alleged against the petitioner is under Section 511 of 376 of the Indian Penal Code. 3. The victim is a girl aged six years. The accused is her neighbour. The allegation is that at the time when the mother of the victim had gone to the hospital, the victim was called by the petitioner to his house promising to give sweets and committed the offence. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner,I am of the view that this is not a fit case at all for granting relief under Section 438 of the Code of B.A. NO. 6870 OF 2009 :: 2 :: Criminal Procedure. The petitioner is not entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/