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. 5231 of 2009() ------------------------------------ CRIME NO. 198/2008 OF THRIKKUNNAPPUZHA POLICE STATION .................................... PETITIONER/1ST ACCUSED: ------------------------------------------ ABDUL SALAM MUSSALIAR, KOCHUPUDUVAL, VALAVANCADU, KESAVAPURAM, VALIYAPARAMBU, KIZHAKKEKKARATHEKKU, THRIKKUNNAPPUZHA, ALAPPUZHA DISTRICT. BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.(CRIME NO. 198 OF 2008 OF THRIKKUNNAPPUZHA POLICE STATION) BY SRI. V. TEKCHAND PUBLIC PROSECUTOR 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. 5231 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 accused No.1 in Crime No. 198/2008 of Thrikkunnappuzha Police Station, Alapuhza District. 2. The offences alleged against the petitioner are under Sections 351, 354, 511 of 376, 452 and 417 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. The victim is a girl who at the relevant time was below 18 years of age. 5. 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 do not think that this is a fit case where the discretionary relief under Section 438 of the B.A. No. 5231 of 2009 2 Code of Criminal Procedure can be granted in favour of the petitioner. If Anticipatory Bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN,JUDGE ln