IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 887 of 2010() --------------------------------------- CRIME NO.139/2010 OF KOTTIYAM POLICE STATION, KOLLAM. PETITIONER/ACCUSED: -------------------------------------- ANILKUMAR @ OMANAKUTTAN,AGED 42 YEARS, S/O.MADHAVAN,KONNAKOTTU MELATHIL,CHERIYELA, THRIKOVILVATTOM VILLAGE,KOLLAM. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT/COMPLAINANT: ------------------------------------------ STATE OF KERALA-SHO,KOTTIYAM POLICE STATION,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. T. SANKARAN, J. ------------------------- B.A. No. 887 of 2010 ---------------------------- Dated this the 2nd day of March, 2010 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.139/2010 of Kottiyam Police Station, Kollam. 2. The offences alleged against the petitioner are under Sections 511 of 376 and 377 of the Indian Penal Code. 3. The prosecution case is the following: The de facto complainant has two children. One daughter is the victim, who is deaf and dumb. She is aged 24 years. She has a brother. On 2/2/2010, the de facto complainant had gone to her relative’s house. The brother of the victim had gone out. In the house, the mother of the de facto complainant and the victim were available. The victim went to the house of a Panchayath member. The petitioner is a neighbour. When the victim was standing near the house of the Panchayath member, she was called by the petitioner to his house. At that time, nobody else was there in the house of the petitioner. 4. The de facto complainant got a telephone call stating B.A. No. 887 /2010 2 that her daughter was not seen in her house. She rushed to the spot. Enquiries were made. Slippers of the de facto complainant were found near the house of the accused. The doors were closed. The de facto complainant and others knocked on the door of the house of the petitioner. At that time, they heard the sound of opening the door of the kitchen of the petitioner. Through that door, the victim was sent out. The door was closed. Thereafter, the accused came out through the front door as if nothing happened. 5. The Medical examination of the victim shows that she had injuries on her private parts. However, hymen was found intact. 6. It is to be noted that the victim is a deaf and dumb girl. The Medical certificate shows that she is virgin. The petitioner is married. He has children. The allegation is that taking advantage of the absence of his wife and children and taking advantage of the absence of other members in the house of the victim, the petitioner had committed the offence under Sections 511 of 376 and 377 of the Indian Penal Code. B.A. No. 887 /2010 3 7. The offence alleged against the petitioner is grave in nature. I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. Custodial interrogation of the petitioner may be required. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm B.A. No. 887 /2010 4