IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 2567 of 2009 CRIME NO.193 OF 2009 OF OLLUR POLICE STATION PETITIONERS/ACCUSED --------------------------------------- ABDUL KADER,S/O.MOHAMMED, POOVATHUVALAPPIL HOUSE, KUTTANELLUR,THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENTS: COMPLAINANT -------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER,OLLUR POLICE STATION, (CRIME NO.193 OF 2009),OLLUR,THRISSUR. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2567 OF 2009 E ------------------------------------------------------ Dated this the 10th June, 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.193 of 2009 of Ollur Police Station. 2. The offence alleged against the petitioner is under Section 377 of the Indian Penal Code. 3. The de facto complainant is the father of the victim. The victim is a student studying in standard IX. The father of the victim states that the victim is having some mental disorder. The child's mother is also stated to be suffering from mental disorder. The incident happened at 2 PM in a tank near Siva Temple. I have perused the CD file. 4. Learned counsel for the petitioner submitted that the potency test of the petitioner was conducted at the instance of police. Learned Public Prosecutor submitted that the petitioner was asked to appear before the investigating officer for the purpose of potency test and the test was conducted. He was also interrogated. Before arresting the B.A. NO. 2567 OF 2009 :: 2 :: petitioner, the interim order passed by this Court in the Bail Application was produced and, therefore, he could not be arrested. 4. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where the petitioner should be granted the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/