IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 2062 of 2009(C) ----------------------------------------- (CRIME NO.198/09 OF PATHANAPURAM POLICE STATION) ............ PETITIONER/ACCUSED: ---------------------------------- VINOD, S/O.UNNI,KADAYILAZHIKATTHU VEEDU, NJANDUTHODU,KUMARAMKUZHI,PIRAVANTHOOR, PATHANAPURAM,KOLLAM DISTRICT. BY ADV. MR.C.R.SIVAKUMAR. RESPONDENT/ COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE,PATHANAPURAM POLICE STATION, KOLLAM DISTRICT,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.M. KAMMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.K.MOHANAN, J. ---------------------------------------------- B A.No.2062 of 2009 ---------------------------------------------- Dated 21st April, 2009. ORDER The petitioner, who is the accused in Crime No.198/2009 of Pathanapuram Police Station for the offence punishable under Section 511 and 376 of IPC, seeks anticipatory bail. 2. The allegation against the petitioner is that the petitioner tried to commit rape upon a 7 year old girl child, named, 'Shiny'. It is submitted by the learned counsel for the petitioner that he is falsely implicated in the above crime due to the animosity of the de facto complainant towards the petitioner. 3. The learned Public Prosecutor stoutly opposed the prayer. According to the learned Public Prosecutor, the petitioner involved in a heinous crime of rape on a minor girl aged only 7 years old. 4. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor. BA 2062/09 -:2:- 5. The above crime was registered only on 19.3.2009 and investigation is only at the infant stage. Considering the seriousness of the allegation, custodial interrogation of the petitioner is absolutely necessary. I find no reason to grant the relief as sought for in exercise of the extraordinary power of this Court under section 438 of Cr.P.C. In the result, there is no merit in the petitioner and accordingly, the same dis dismissed. V.K.MOHANAN, JUDGE kvm/- BA 2062/09 -:3:-