IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 Bail Appl..No. 2379 of 2010() ----------------------------- CRIME NO.159/10 OF PAZHAYANNUR POLICE STATION, THRISSUR. (S): PETITIONER/ACCUSED -------------------------------------- KUTTAN @ BALAN,AGED 27 YEARS, S/O.MUNDAYI,KALATHIPADI HOUSE,PAMBADI DESOM, THALAPPILLI TALUK,THRISSUR DISTRICT. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA REPRESENTD BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. STATION HOUSE OFFICER,PAZHAYANNUR POLICE STATION. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2379 of 2010 ---------------------------------------------- Dated 17th May, 2010. O R D E R This petition is for bail. 2. The alleged offence is under Section 376 of the Indian Penal Code. According to prosecution, on 17.3.2010, at 12 noon, petitioner caught hold of a 12 year old girl, dragged her to a pathway, pushed her down and committed rape on her. The child sustained suffocation and bleeding and she could not even breath properly. She fell into a depressed mood. 3. The petitioner was arrested on the same day, on 17.3.2010. Learned counsel for the petitioner submitted that petitioner is in judicial custody for the past more than 60 days. This petition is strongly opposed. 4. On considering the seriousness of the allegations made and the impact of the incident on the child and various other facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE. tgs