IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Bail Appl..No. 6771 of 2008() ----------------------------- CRIME NO.395/2008 OF ERUMAPETTY POLICE STATION PETITIONER : ACCUSED ------------------------------------- JAMALUDHEEN AGED 70 YEARS,PALIYATHAZHATH HOUSE POTHIYANATHUR DESOM, CHIRAMANANGAD VILLAGE TALAPPILLY TALUK, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRESENTING THE S.I.OF POLICE ERUMAPETTY. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6771 of 2008 --------------------------------------------- Dated this the 18th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 377 IPC. According to prosecution, the alleged victim in this case, who is aged 15 years, was subjected to unnatural offence by the petitioner for the past seven years continuously. 3. Learned counsel for petitioner submitted that petitioner is a 70 years old religious leader and the complaint is filed with a view to tarnish his image. Petitioner is absolutely innocent of the allegations made and he is a victim of the wrath of the opposition fraction of a religious group. It is submitted that medical evidence will reveal that petitioner has not committed any offence as alleged. If when an offence of this nature is committed continuously for the past seven years, evidently there must be some physical indication on the body of the victim which will be revealed on examination of the alleged victim by the medical expert. But, to the information of petitioner, medical evidence is in favour of petitioner, it is submitted. 4. Learned public prosecutor submitted that the doctor was questioned by the Investigating Officer during pendency of this BA No.6771/2008 2 petition as suggested by this Court. It is also submitted that he has no objection in granting anticipatory bail. 5. On hearing both sides, I am satisfied that it is not a fit case to grant anticipatory bail and hence, the following order is passed: (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioner shall report before the Investigating Officer as and when directed and make himself available for interrogation and co-operate with investigation. (ii) Petitioner shall not influence or intimidate any witness or tamper with evidence. The petition is allowed. K.HEMA, JUDGE csl