IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5677 of 2011 CRIME NO.421 OF 2011 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE PETITIONER: ACCUSED: -------------------- SUDHAKARAN @ SUBRAHMANYAN ,AGED 43 YEARS, S/O.VELAYUDHAN, PARAKANDIYIL HOUSE KUTTIYILTHAZHAM, KOZHIKODE. BY ADV. SRI.MANJERI SUNDER RAJ SMT.SUSAN JACOB SRI.MANJERI SUBIN SUNDER RAJ RESPONDENTS: --------------- 1. STATE OF KERALA REP BY STATION HOUSE OFFICER, MEDICAL COLLEGE POLICE STATION, KOZHIKODE (CRIME FIR NO.421/2011.) 2. THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5677 OF 2011 ------------------------------------------------------ Dated this the 26th day of July, 2011 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 accused in Crime No.421 of 2011 of the Medical College Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 376 and 506(i) of the Indian Penal Code. 3. The prosecution case is the following: The victim is aged fifteen years. She was an abandoned child. She had her childhood at 'Ammathottil' run by a voluntary organization. After attaining puberty, she was transferred to the Juvenile Home, Vellimadukunnu. As per the order passed by the Court, the victim was permitted to be adopted by one Sreedharan and his wife. Thereafter, the victim was living in the house of Sreedharan. The accused is a neighbour of Sreedharan. The allegation is that during the period from March 2011 to 12.6.2011, the BAIL APPL. NO.5677 OF 2011 :: 2 :: petitioner had subjected the victim to sexual intercourse on several occasions under threat. 4. The allegations are grave in nature. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. In a case of this nature, I do not think that the discretionary relief under Section 438 can be granted in favour of the accused. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/