IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Bail Appl..No. 6398 of 2008() ----------------------------- CMP.3440/2008 of J.M.F.C.-II,THAMARASSERY CRIME NO.200/2008 OF KODANCHERY POLICE STATION PETITIONER (S): ACCUSED: ---------------------------- JOSEPH N.C. @ OUSEPPACHAN, AGED 51 YEARS S/O.CHACKO, NEELAMPARAMBIL VEEDU, VATTACHUVADU, CHEMBUKADAVU, KODENCHERY. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KODANCHERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6398 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of October,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 376 IPC and 3 (1)(xi) and 3(2) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act. According to prosecution, on 15-7- 2008 at about 3.30 p.m. petitioner committed rape on the daughter of de facto complainant. The child was aged only 3 ½ years. This was done from his residence. 3. Learned counsel for petitioner submitted that the allegations made are not correct. When de facto complainant came to know about the incident, on the alleged date of incident itself, but she did not divulge the matter to doctor. It was only 43 days later that the present allegation was made. Petitioner is innocent of the allegations made. 4. Learned Public Prosecutor submitted that there are sufficient materials in the case diary to confirm that petitioner has committed the offence. The child also suffered injury and medical evidence is also there to support the allegations. The investigation is not complete and if petitioner is released, he is likely influence or intimidate witnesses. BA 6398/08 -2- 5. On hearing both sides, I am satisfied that this is not a fit case to grant bail at this stage. This petition is dismissed. K.HEMA, JUDGE. mn.