IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 2655 of 2009() ----------------------------- CMP.4042/2009 of J.M.F.C.,IRINJALAKUDA CRIME NO.520/09 OF IRINJALAKUDA POLICE STATION PETITIONER(S): 3RD ACCUSED: -------------------------------- RAJESH, AGED 32 YEARS, S/O.CHANDRAN, PUTHUVEETTIL HOUSE, SAMAYA NAGAR, KOTTANALLUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT: --------------------------- THE CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2655 of 2009 ----------------------------------------- Dated this the 27th May, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 520/09 of Irinjalakuda Police Station. 2. The offences alleged against the petitioner are under Sections 376(g) and 109 of the Indian Penal Code and Section 3(1)(XI) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act. All the accused are in judicial custody. 3. Learned Public Prosecutor submitted that the investigation is not over and if the petitioner is released on bail at this stage, it would seriously affect the proper investigation. 4. In the facts and circumstances of the case, I am not inclined to grant bail at this stage. The bail application is accordingly dismissed. K.T.SANKARAN, JUDGE vgs.