IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Bail Appl..No. 5434 of 2008() ----------------------------- CRIME NO.359/08 OF FEROKE POLICE STATION PETITIONER --------------------------- P.MUNEER @ KUNJUMON S/O. KUTTIYALI, AGED 25 YEARS, PONNAMPARAMBATH PANDYPAD HOUSE, P.O.KARUVANTHURUTHY, KOZHIKODE. BY ADV. SMT.T.KAMALA MENON RESPONDENTS: ------------- STATE OF KERALA REPRESENTING SUB INSPECTOR OF POLICE FEROKE POLICE STATION, KOZHIKODE,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5434 of 2008 ----------------------------------------- Dated this the 1st September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 377 read with 511 of Indian Penal Code. According to prosecution, the petitioner attempted to commit unnatural offence against a boy aged 12 years. He was called to a shed and after closing the door, unnatural offence was attempted on him by removing his pants. 3. Learned counsel for petitioner submitted that the offence was not completed and before the petitioner can do anything, the boy allegedly ran away and nothing had taken place. It is also submitted that the petitioner is a fish vendor and the de facto complainant's mother knew that he had taken more money from her by petitioner while selling fish. On this incident, she had questioned him and she had some vengeance and hence the complaint is lodged. It is also submitted that the petitioner is prepared to abide by any condition and anticipatory bail may be granted on condition. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the petitioner allegedly committed similar offences against other witnesses also and the case diary reveals that other small boys were also victims to the same type of BA.5434/08 2 offence and it is not proper to grant anticipatory bail in an offence of this nature. 5. After hearing both sides, and on going through the case diary, I find that in the nature of allegations made against the petitioner, it is not fit to grant anticipatory bail to the petitioner. Though the learned counsel for petitioner would submit that this is a falsely foisted case, because of the grudge of the de facto complainant's mother against the petitioner, there are only oral assertions, but there is nothing to probabalise the innocence of the petitioner. Petition is dismissed. K.HEMA, JUDGE vgs.