IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4620 of 2009 CRIME NO.476 OF 2009 OF VATANAPPILLY POLICE STATION PETITIONER: ACCUSED: ---------------------------- BALAN, AGED 73 YEARS, S/O.ITHIKKATT KUJAN, VATANAPILLY AMSOM DESOM, CHAVAKKAD TALUK. BY ADV. SRI.V.C.MADHAVANKUTTY RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING, SUB INSPECTOR OF POLICE, VATANAPILLY POLICE STATION. PUBLIC PROSECUTOR SRI.JIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4620 OF 2009 ------------------------------------------------------ Dated this the 20th 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.476 of 2009 of Vatanapilly Police Station. 2. The offences alleged against the petitioner are under Sections 377 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The victim is an eight year old girl. She went to a grocery shop. The shop owner had gone to take meals. The accused was sitting in front of the shop. He is aged 73. The prosecution case is that the accused committed the offence after attracting the girl to the shop by giving toffees. 4. The facts and circumstances of the case would clearly show that the petitioner is not entitled to any discretionary relief. The B.A. NO. 4620 OF 2009 :: 2 :: nature of the allegations levelled against the petitioner would clearly show that the petitioner does not deserve any discretionary relief. Even otherwise, the application for anticipatory bail is not maintainable in view of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/