IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 9305 of 2011() ----------------------------- CMP.6803/2011 of J.M.F.C., KAYAMKULAM CRIME NO.1250 OF 2011 OF KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT .................... PETITIONER/ACCUSED -------------------------------------- ARUN KUMAR,S/O.KESAVAN NAIR, KOLUSSERIL VEEDU,WEST SIDE OF CHERAVALLI TEMPLE,CHERAVALLI MURI, KAYAMKULAM VILLAGE. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): STATE -------------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY ADGP SRI.TOM JOSE PADINJAREKARA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9305 OF 2011 --------------------------------- Dated this the 23rd day of November , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1250 of 2011 of Kayamkulam Police Station, Alappuzha District. 2.The offences alleged against the accused are under Section 511 of 376 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3. The petitioner is the owner-cum-driver of a maruthi Omni van. He used to take school children in the van. The allegation is that from June, 2011 onwards, he sexually abused the victim girl, aged 5 years, studying in the UKG Class. The victim girl used to go to school in the van belonging to the petitioner. The teacher of the victim had B.A.No.9305 OF 2011 2 some doubt about the criminal activities of the accused. The teacher reported the matter to the mother of the victim. Thus the incidents were revealed. 4. The petitioner was arrested on 28.10.2011 and he was remanded to judicial custody. 5. The allegations levelled against the petitioner are shocking. The accused was bound to protect the interests of the boys and girls of tender age whom he used to take to school. Not only that he did not protect the interests of those students, but he tried to sexually abuse a girl aged 5 years. The petitioner/accused does not deserve any sympathy in the matter of granting bail. The investigation is in progress. The learned Additional Director General of Prosecution submitted that if the petitioner is released on bail, untoward incidents would take place in the locality, as the people of the locality are very much agitated over the cruel acts of the petitioner. It is also submitted that the petitioner is likely to intimidate and influence the witnesses and tamper with evidence, if bail is granted to him. B.A.No.9305 OF 2011 3 6. Taking into account the facts and circumstances of the case, I find great force in the submissions made by the Additional Director General of Prosecution. I am not inclined to grant bail to the petitioner at this stage. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE cms