IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 6712 of 2009() ---------------------------------------- CMP.7578/2009 of J.M.F.C.-I,NEDUMANGAD CRIME NO.432/2009 OF VENJARAMOOD POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/ACCUSED: -------------------------------------- AMBILI.C., S/O.SREEDHARAN, CHITHIRA BHAVAN, KEECHERY, KALAMACHAL P.O., THIRUVANANTHAPURAM BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT/COMPLAINANT: ------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. P.A. SALIM, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6712 of 2009 ------------------------------------ Dated this the 17th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 432/2009 of Venjaramood Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that the defacto complainant's daughter was subjected to rape by the petitioner on 10/7/2009. The victim is a mentally challenged person. She is aged about 35 years. Her mother is a widow and she used to go for Coolie work. The allegation is that the petitioner, who is aged about 46 years and who has wife and children, committed the offence on the helpless victim, who is mentally challenged. 4. The petitioner surrendered before the police on 26/10/2009 and he was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that there is no reason why the petitioner should be further detained. B.A. No. 6712 /2009 2 6. It is submitted by the learned Public Prosecutor that if the petitioner is released on bail, there is every likelihood of the petitioner indulging in activities to tamper with the evidence and to intimidate the defacto complainant and other witnesses. 7. In the facts and circumstances of the case, I am inclined to accept the contention put forward by the learned Public Prosecutor. The offence alleged against the petitioner is a heinous offence. The victim is a mentally challenged woman. Living conditions of the defacto complainant and her daughter are also to be taken note of. 8. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm