IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5334 of 2009 CRIME NO.497 OF 2009 OF KATTAPPANA POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. LALU, S/O.JACOB, AALACKAPARAMBIL HOUSE, THOVARAYAR KARA, KATTAPPANA VILLAGE, IDUKKI DISTRICT. 2. DEEPU, S/O.GOPINATHAN, UNACKAPARAYIL HOUSE, NARIYANPARA KARA, KATTAPPANA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENTS: COMPLAINANTS --------------------------- 1. CIRCLE INSPECTOR OF POLICE, KATTAPPANA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5334 OF 2009 ------------------------------------------------------ Dated this the 23rd day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.497 of 2009 of Kattappana Police Station. 2. The offences alleged against the petitioners are under Sections 450, 376(g) and 323 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 25.8.2009, the accused persons who were engaged in cutting trees in the neighbouring compound, forcibly entered into the house of the de facto complainant and committed the offence. The de facto complainant is a house wife. She was discharged from the hospital a few days before the date of incident. Her husband had gone for work after taking meals. At that time, the accused persons entered into the house and committed the offence. The victim was also beaten up. B.A. NO. 5334 OF 2009 :: 2 :: 4. The petitioners were arrested on 26.8.2009 and they are in judicial custody. 5. The investigation is at the initial stage. If the petitioners are released on bail at this stage, it would seriously affect the proper investigation of the case. I am not inclined to grant bail to the petitioners at this stage of the case. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/