IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 8105 of 2011() ----------------------------- CMP.3389/2011 of J.M.F.C.,KATTAKADA OS.178/2011 of PRL.MUNSIFF COURT,NEDUMANGAD Crime No.881 of 2011 of Kattakada Police Station, Thiruvananthapuram District. .................... PETITIONER ------------------------------ SUKUMARA PANICKER,AED 64 YEARS, S/O.BHARGAVAN, KALA BHAVAN VEEDU, NEAR KADIBOARD,AMBALATHINKALA, PARACHALMURY,KULATHUMMAL VILLAGE, KATTAKADA 695 572. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, KATTAKADA POLICE STATION. BY STATE PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8105 OF 2011 --------------------------------- Dated this the 11th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.881 of 2011 of Kattakada Police Station, Thiruvananthapuram District. 2.The offences alleged against the petitioner are under Sections 376, 506(i), 323 and 324 read with 34 of the Indian Penal Code. 3.The allegation is that the petitioner committed the offence on several occasions while the victim, a mentally retarded woman aged 20 years, used to go to his house for supplying milk. The victim had her education in a school intended for mentally challenged persons. Her mother is also a mentally challenged person. 4. The petitioner was arrested on 3.9.2011 and he was remanded to judicial custody. B.A.No.8105 OF 2011 2 5. The investigation is in progress. If the petitioner is released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. In the facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE cms