IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 826 of 2009() ---------------------------- CRIME NO.335/2008 OF ADIMALY POLICE STATION PETITIONER (S): -------------------- BINEESH THATTUMPURATH, PAZHAMPALLY CHAL, VALARAKARA, MANNAMKANDAM VILLAGE ADIMALY, IDUKKI. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM RESPONDENT(S): --------------- SUB INSPECTOR OF POLICE, ADIMALY POLICE STATION, IDUKKI DISTRICT., REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 826 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 377 IPC. According to prosecution, petitioner committed unnatural offence against a girl aged four years on 13-7-2008 and F.I.R. was registered on the same day. 3. Learned counsel for petitioner submitted that even if anticipatory bail is granted, it will not affect the investigation, since there is no witness to be influenced and no recovery to be effected, through petitioner. Therefore, anticipatory bail maybe granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that allegations made against petitioner are serious in nature and this is not a fit case to grant anticipatory bail. 5. On hearing both sides, considering the nature of the allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Gravity of the allegations and the nature of offence allegedly committed by petitioner are relevant for consideration to decide whether provision contained under section 438 Cr.P.C. can be invoked or not. While doing so, I am least inclined to grant anticipatory bail to petitioner. The crime BA 826/09 -2- was registered as early as on 13-7-2008 and petitioner is bound to surrender. 6. Hence, the following order is passed:- 1) Petitioner is directed to surrender before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. 2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court, since on the facts in this case, this Court ordered that this is not a fit case to grant anticipatory bail and any order to the contrary in any subsequent anticipatory bail application will amount to review, which is impermissible in law. The petition is dismissed. K.HEMA, JUDGE. mn.