IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6318 of 2009() ------------------------------------- CRMP.5784/2009 of J.M.F.C.,KUNNAMKULAM CRIME NO. 562/2009 OF PERAMANGALAM POLICE STATION, THRISSUR DISTRICT .................... PETITIONER/ACCUSED: ----------------------------------- RAMADAS,S/O.MOHANDAS, MUNDASSERY VEEDU,MALA VALIYAPARAMBU DESOM, KURUVILASSERY VILLAGE,MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, PERAMANGALAM POLICE STATION, THRISSUR DISTRICT. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6318 of 2009 ------------------------------------ Dated this the 9th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.562/2009 of Peramangalam Police Station, Thrissur District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that the victim girl aged 12 years was subjected to rape by her step-father on several dates. On 23.09.2009, while the mother of the victim was admitted in the hospital, the petitioner took the girl to the toilet in the hospital and she was subjected to rape. The girl reported to the nurse in the hospital and accordingly the crime was registered. The petitioner was arrested on 28.09.2009 and he was remanded to judicial custody. 3. The offence alleged is a very heinous one. The petitioner is a person who was bound to protect the interests of the victim, she being the step-daughter of the petitioner. Instead B.A. No. 6318 of 2009 2 of protecting her, the petitioner is alleged to have committed the offence of rape on her. The petitioner does not deserve any discretionary relief. If the petitioner is released on bail, it would affect the well being of the girl. It is also likely that he may tamper with the evidence and intimidate the victim and witnesses. For the aforesaid reasons, I am not inclined to grant bail to the petitioner. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln