IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7553 of 2011() ----------------------------- CRIME NO.292/2011 OF KALIYAR POLICE STATION, IDUKKI DT. .................... APPLICANT/ACCUSED NO.2 ------------------------------ MANU TOMY, S/O.TOMY JOSEPH, VAMATTATHIL VEEDU, KODIKKULAM KARA, KODIKKULAM VILLAGE. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, KALIYAR POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7553 of 2011 --------------------------- Dated this the 22nd day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.292 of 2011 of Kaliyar Police Station, Idukki District. 2. The offences alleged against the petitioner are under Sections 376 and 366A read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3. The victim is aged 14 years. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. The petitioner was arrested on 1.9.2011. Investigation of the case is not over. If the petitioner is BA 7553/2011 2 released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl