IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 Bail Appl..No. 7129 of 2009() ------------------------------------ CRIME NO. 380/2009 OF CHALISSERY POLICE STATION .................. PETITIONER/ACCUSED: ------------------------------------ MOIDEENKUTTY, S/O.AYAMUNNI, THALAVANAPARAMBIL, KOONAMOOCHI, POST THALAKKASSERY, VIA CHILASSERY, PALAKKAD DISTRICT. BY ADVS. SRI.P.VIJAYA BHANU SRI.C.M.MOHAMMED IQUABAL RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGHH COURT OF KERALA, ERNAKULAM. BY SRI. P.A. SALIM PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7129 of 2009 ------------------------------------ Dated this the 18th day of December, 2009 O R D E R Petitioner apprehends arrest in Crime No.380/2009 of Chalissery Police Station, registered for the offence under Section 511 of 377 of the Indian Penal Code. Petitioner filed this petition under Section 438 of the Code of Criminal Procedure to release him on bail in the event of his arrest contending that he has not committed any offence and he is not a person involved in the offence, even if there was an attempt to commit unnatural offence against the son of de facto complainant. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner pointed out that as per the F. I. Statement, first informant has no personal knowledge and he was told by the victim boy that an attempt to commit unnatural offence was made by a person, who was wearing a white cap and spectacles and the petitioner B.A. No. 7129 of 2009 2 is falsely being implicated and petitioner has never used spectacles in his life and in such circumstances, if petitioner is to be arrested, he be released on bail and he is prepared to abide by any condition and co-operate with the investigation. 4. Learned Public Prosecutor made available the Case Diary. On perusing the Case Diary, it is seen that during the course of investigation, statements were recorded under Section 167(2) of the Code of Criminal Procedure, which prima facie point out the identity of the person, who attempted to commit the offence. In such circumstances, I do not find it in the interests of justice to invoke the extra ordinary jurisdiction under Section 438 of the Code of Criminal Procedure, to grant anticipatory bail. The petitioner is at liberty to approach the learned Magistrate and seek regular bail. This petition is dismissed. M. SASIDHARAN NAMBIAR, JUDGE ln