IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 5834 of 2011 CRIME NO.1530 OF 2011 OF THOPUMPADY POLICE STATION PETITIONER/SOLE ACCUSED ------------------------------------------- A.A.ABDUL KHADER, AGED 62, S/O.ABDU, VALIYAKATH HOUSE, AMBALAKULAM, PATHAYAKAD P.O., KODUNGALLUR, ERNAKULAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.R.V.SUJITH KUMAR.K SRI.RAVI K.PARIYARATH RESPONDENT: STATE OF KERALA ------------------------------ THE STATE OF KERALA, REP. BY THE THOPPUMPADY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5834 OF 2011 ------------------------------------------------------ Dated this the 2nd day of August, 2011 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.1530 of 2011 of Thoppumpady Police Station, Ernakulam District. 2. The offence alleged against the petitioner is under Section 511 of 376 of the Indian Penal Code. 3. The prosecution case is the following: On 9.6.2011 at 12.30 PM, the petitioner went to the house of the de facto complainant. The petitioner had business dealings with the father of the victim. On 9.6.2011, the father and mother of the victim were not available in the house. The victim's brother had gone to school. The maternal grandmother of the victim was in the house. The allegation is that when the maternal grandmother of the victim went for the BAIL APPL. NO.5834 OF 2011 :: 2 :: noon prayer, the accused entered into the room of the victim and attempted to commit rape. 4. The learned counsel appearing for the petitioner submitted that the petitioner had to file W.P.(C) No.18291 of 2011 alleging that the investigation was not in the proper way. Learned Public Prosecutor submitted that pursuant to the order in W.P.(C) No.18291 of 2011, the Assistant Commissioner of Police, Mattanchery took over the investigation of the case. 5. Learned counsel for the petitioner submitted that the case is foisted against the petitioner. The father and mother of the victim are in the habit of blackmailing persons stating that they would be implicated in cases under Section 376 of the Indian Penal Code. The allegation is that the petitioner was also attempted to be blackmailed and since he did not accede to the demand, a false case was initiated. 6. The matter requires detailed investigation. The petitioner has put forward a story of his own. That is also a matter to be investigated by the police. In a serious case like this, if anticipatory BAIL APPL. NO.5834 OF 2011 :: 3 :: bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. It is also likely that the witnesses would be intimidated or influenced and the evidence would be tampered with. Custodial interrogation of the petitioner may some times be required in the case. I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/