IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Bail Appl..No. 1607 of 2010 CRIME NO.193 OF 2010 OF PATHANAMTHITTA POLICE STATION PETITIONER/ACCUSED -------------------------------------- KUNJUMON K.E., AGED 56 YEARS, S/O.AYYAN, KOLLAN KALAYIL VEEDU, KUMBANKAL, VETTIPPURAM MURI, MUNDUKOTTACKAL, PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1607 OF 2010 ------------------------------------------------------ Dated this the 18th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.193 of 2010 of Pathanamthitta Police Station. 2. The offences alleged against the petitioner are under Sections 450 and 511 of 376 of the Indian Penal Code. 3. The prosecution case is that on 6.2.2010, the petitioner, aged 56 years, who is a neighbour of the victim, a deaf, dumb and mentally retarded woman aged 32 years, committed the offence on the helpless victim. At the time of committing the offence, the victim's mother had gone to the hospital where the victim's sister was admitted. There was nobody in the house. The petitioner had taken advantage of the helpless situation in which the victim was placed and he is alleged to have committed the heinous offence. The petitioner was arrested on 7.2.2010 and he was remanded to judicial custody. The investigation is in progress. B.A. NO. 1607 OF 2010 :: 2 :: 4. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. If the petitioner is granted bail at this stage, it would adversely affect the proper investigation of the case. It is likely that he may indulge in the activities to influence and intimidate the witnesses. That the petitioner is a neighbour of the victim is another circumstance to be taken note of. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/