IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4099 of 2009() ------------------------------------ CRIME NO. 324/2009 OF BALUSSERY POLICE STATION .................... PETITIONER/ACCUSED: ---------------------------------- K. MOOSAKOYA MASTER, S/O.IMBICHIMAMMAD MOULAVI, AGED 66 YEARS, KARAYIL HOUSE, NANMINDA AMSOM DESOM, KOZHIKODE. BY ADV. SRI. P.V. KUNHIKRISHNAN RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------ 1. S.I.OF POLICE, BALUSSERY POLICE STATION, BALUSSERY, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4099 of 2009 ------------------------------------ Dated this the 3rd day of August, 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 accused in Crime No.324/2009 of Balussery Police Station. 2. The offence alleged against the petitioner is under Section 377 of the Indian Penal Code. 3. The victim is a boy studying in 9th Standard. The allegation is that the petitioner took the victim to the Madrassa building and asked him to collect the coconuts and put the same near the stair case. The victim collected the coconuts and stacked the same as directed. At that time, the petitioner committed the offence. 4. I have gone through the Case Diary. I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure could be extended in favour of the petitioner. Prima facie, it would appear that the petitioner is involved in the offence. There is no reason for granting Anticipatory Bail to the petitioner. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln