IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 7514 of 2011() ----------------------------- CRIME NO.211/11 OF ARALAM POLICE STATION, KANNUR PETITIONER/ACCUSED -------------------------- P.P.REGHUNATHAN, S/O.KRISHNAN, AGED 39 YEARS, PUTHIYAPURAYIL HOUSE, VILAKKODE P.O., CHAKKAD, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, ARALAM POLICE STATION, THALASSERY, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7514 of 2011 --------------------------- Dated this the 26th day of September, 2011 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.211 of 2011 of Aralam Police Station, Kannur District. 2. The offence alleged against the petitioner is under Section 511 of Section 376 of the Indian Penal Code. 3. The prosecution case is that the accused, the father of the victim, attempted to rape his own daughter who was aged below 16 years at the relevant time. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. The allegations levelled against the petitioner are BA 7514/11 2 serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail application is dismissed. K.T.SANKARAN JUDGE csl