IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Bail Appl..No. 2452 of 2009() ------------------------------------- CRIME NO. 110/2009 OF PAYYOLI POLICE STATION PETITIONER/2ND ACCUSED: ------------------------------------------ KUNHI MOOSA, S/O KUNJABU, HAJARA MANZIL, KOYILANDIVALAPPIL, VADAKARA. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA, PAYYOLI POLICE STATION, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2452 of 2009 ------------------------------------ Dated this the 23rd day of June, 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 the 2nd accused in Crime No.110/2009 of Payyoli Police Station. 2. The offences alleged against the petitioner are under Sections 366A, 376 and 379 of the Indian Penal Code. 3. I have gone through the case diary. The victim is a minor girl, who was studying in the 9th standard. She has narrated to the police the various incidents which took place on the fateful days. 4. Taking into account the facts and circumstances of the case, the gravity of the offence and alleged involvement of the petitioner in the offence, I do not think this is a fit case where discretionary relief under Section 438 of the Code of Criminal Procedure should be granted to the petitioner. The Bail Application fails and is accordingly dismissed K.T. SANKARAN, JUDGE scm