IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1270 of 2008() ----------------------------- CRIME 52/08 OF PAZHAYANGADI POLICE STATION PETITIONER/ACCUSED ----------------------------------- KUTTOOKAN PARAPRATH ALI, S/O. MOIDEEN, THOTTIKEEL, THIRUVATTOOR, TALIPARAMBA TALUK. BY ADV. SRI.C.A.JOSEPH RESPONDENTS: COMPLAINANT ------------------------ 1. SUB INSPECTOR OF POLICE, S.H.O., PAZHAYANGADI, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1270 OF 2008 A ```````````````````````````````````````````````````` Dated this the 29th day of February, 2008 O R D E R Application for regular bail. Petitioner faces allegations in a crime registered for offences punishable under section 377 IPC. The crux of the allegations against the petitioner is that he, who was in charge of the school bus and had the responsibility to transport children, allegedly misbehaved to a girl child aged about 5 years, student of the LKG. He allegedly introduced his finger into the vagina of the child. Crime was registered on 9.2.08 after the girl complained to her mother of pain on her private parts. Investigation is in progress. The petitioner was arrested on 9.2.08. He continues in custody from that date. 2. The learned counsel for the petitioner prays that regular bail may now be granted to the petitioner, who has remained in custody from 9.2.08. BA.1270/08 : 2 : 3. The learned Public Prosecutor opposes the application vehemently. Investigators may be given further time to complete the investigation, it is submitted. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that the discretion under section 439 Cr.P.C. cannot be invoked in favour of the petitioner at this stage. 5. In the result, this petition is dismissed. However, I may hasten to observe that the petitioners shall be at liberty to move this Court for bail again at later stages of the investigation not, at any rate, prior to 14.3.08. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks