IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 Bail Appl..No. 7430 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6777/2009 Dated 24/11/2009 .................... (CRIME NO.666 OF 2009 OF KASARAGOD POLICE STATION, KASARAGOD DISTRICT) PETITIONER/5TH ACCUSED: ------------------------------------------ KOLIYADUKKAM AYISHA @ T.K.AYISHA, AGED 48 YEARS, D/O.THURUTHI KHADER, KOLIYADUKKAM LAKSHAM VEEDU COLONY, KODIYADUKKAM, PERUMBALA GRAMAM. BY ADVS. MR.M.SASINDRAN, MR.JOHNY THOMAS. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION (CRIME NO.666 OF 2009), KASARAGOD. R1 & R2 BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.7430 OF 2009 ------------------------------------------ Dated 18th December 2009 O R D E R Petitioner is the fifth accused in crime No.666/2009 of Kasargod police station registered for the offences under Sections 366 A, 376, 506(ii) and 109 read with Section 34 of Indian Penal Code and Section 3(1)XI of SC/ST Prevention of Atrocities Act. Petitioner was arrested on 7/10/2009 and since then he has been in custody. Petitioner filed B.A.6777/2009 which was dismissed by Annexure-AIV order on 24/11/2009. While dismissing the application, facts and part played by the petitioner, has been elaborately considered and it is found that at this stage petitioner cannot be released on bail. In BA 7430/09 2 the light of Annexure-AIV order and fact that the investigation is in progress, it is not in the interest of justice to release the petitioner on bail at this stage. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.