IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1790 of 2008(K) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN BA.1270/2008 CRIME 52/08 OF PAZHAYANGADI POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- KUTTOOKAN PARAPRATH ALI, S/O.MOIDEEN, THOTTIKEEL, THIRUVATTOOR, TALIPARAMBA TALUK. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENTS: COMPLAINANT ------------------------ 1. SUB INSPECTOR OF POLICE, S.H.O. PAZHAYANGADI, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1790 OF 2008 E ```````````````````````````````````````````````````` Dated this the 24th day of March, 2008 O R D E R Application for regular bail. Petitioner faces allegations in a crime registered alleging offences punishable under section 377 IPC. The petitioner, who was in charge of the school bus and had the responsibility to transport children, allegedly misbehaved to a girl aged about five years. He allegedly introduced his fingers into the private parts of the girl. Crime was registered on 9.2.08. The petitioner was arrested on that day. He continues in custody from that date, his application for regular bail having been dismissed by this Court on 29.2.08 as per order in BA.1270/08. 2. I have adverted to the facts in detail in the said order. The learned counsel for the petitioner prays that the petitioner may now be enlarged on bail. 3. The learned Public Prosecutor opposes the BA.1790/08 : 2 : application. I find merit in the opposition by the learned Public Prosecutor. I am not able to persuade myself to accept that the petitioner, against whom such serious allegations are raised, is entitled to be released on bail at this early stage of investigation. I am satisfied that this petition deserves to be dismissed now. 4. In the result, this petition is dismissed. The dismissal of this petition will not fetter the rights of the petitioner to approach this Court or the courts below for bail again at later stages of the investigation not, at any rate, prior to 7.4.08. The investigator shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks