IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1387 of 2008() ----------------------------- CMP.467/2008 of J.M.F.C.-I,NEDUMANGAD CRIME 18/08 OF VENJARAMOODU POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------------ SASINDRAN @ SASI, S/O. MANOHARAN, SARANYA BHAVAN, PALAMUKKU THERUVILA, KALLARA ANAKUDI MURI, VAMANAPURAM VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1387 OF 2008 A ```````````````````````````````````````````````````` Dated this the 7th day of March, 2008 O R D E R Application for regular bail. Petitioner, a person aged about 40 years, faces allegations under section 376 IPC. He had allegedly committed rape on a 12 year old girl, a friend of his daughter, on 4.1.08. The victim girl had accompanied the daughter of the petitioner to his house on a Friday to have her afternoon meals. The petitioner allegedly committed rape on the victim. He was arrested on 11.1.08. He continues in custody from that date. An earlier application for regular bail filed by the petitioner was dismissed as per order dated 13.2.08 in BA.788/08. 2. The learned counsel for the petitioner prays that the petitioner, who has remained in custody from 11.1.08, may be enlarged on bail. 3. The learned Public Prosecutor opposes the application. Investigation is not complete. The learned Public Prosecutor submits that the allegations reveal great depravity BA.1387/08 : 2 : of mind and a gruesome crime. The seriousness of the crime must certainly be a relevant circumstance while considering the application for regular bail. Discretion under section 439 Cr.P.C. does not deserve to be invoked in favour of the petitioner, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. Investigators in a serious crime like this are certainly entitled to further time to complete the investigation. I am not persuaded to grant regular bail to the petitioner at this early stage. 5. This petition is accordingly dismissed. However, I may observe that the petitioner shall be at liberty to move this court or the court below for bail again at later stages of the investigation not, at any rate, prior to 19.03.2008. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks