IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Bail Appl..No. 7233 of 2009 S.C.NO.535 OF 2009 ON THE FILE OF THE COURT OF SESSIONS, THALASSERY. PETITIONER/ACCUSED -------------------------------------- K.J.IMMANUAL @ JAMES, S/O. JOSEPH, AGED 42 YEARS, KANDATHIL HOUSE, THIRUMENI AMSOM, THALIPARAMBA. BY ADV. SMT.PINTO FREDERIC SMT.K.ANILA RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7233 OF 2009 ------------------------------------------------------ Dated this the 11th day of December, 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 S.C.No.535 of 2009 on the file of the Court of Sessions, Thalassery. 2. The offence alleged against the petitioner is under Section 376 (2)(f) of the Indian Penal Code. 3. The accused is the father of the victim girl. The allegation is that during the period from 2002 to 2008, the father had sexually abused his own daughter, who was aged below 12 years. The petitioner was arrested on 19.2.2009 and he was remanded to judicial custody. After completing the investigation, charge sheet was filed on 17.4.2009. The petitioner filed applications after applications for granting bail. All those applications were dismissed by the learned Sessions Judge. The last order passed by the learned Sessions Judge was on 18.11.2009. One of the grounds for dismissing the application was that the life of the victim, her two B.A. NO. 7233 OF 2009 :: 2 :: sisters and her mother would be in danger, if the petitioner is released on bail. It cannot be said that the grounds stated by the learned Sessions Judge are without substance. From the records, it is seen that the mother of the victim had submitted a petition to the Circle Inspector of Police stating that their lives are in danger, if the petitioner comes out of jail. The fact that charge sheet was filed after completing the investigation by itself is not a ground for granting bail. If the court is satisfied that release of the petitioner on bail would cause danger to the life of the victim, mother of the victim and the sisters of the victim, that is a justifiable ground to deny bail to the accused. The allegations levelled against the petitioner would, prima facie, indicate that he has committed a very heinous crime. In the peculiar facts and circumstances of the case, I do not think that the petitioner can be granted bail. The Bail Application is accordingly dismissed. The learned Sessions Judge shall make every endeavour to expedite the trial of the case. (K.T.SANKARAN) Judge ahz/