IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Bail Appl..No. 4549 of 2009() ----------------------------- CRIME NO.510/2009 OF GURUVAYUR POLICE STATION APPLICANT/ACCUSED ------------------------------------- SREEDHARAN, AGED 49 YEARS, S/O.THOOMATT KUTTAN, NEAR PERKAM SIVA TEMPLE, POOKKODE VILLAGE, GURUVAYUR. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I.OF POLICE, GURUVAYUR POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4549 of 2009 --------------------------------------------- Dated this the 14th day of August, 2009 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.510 of 2009 of Guruvayoor Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 450 of the Indian Penal Code. 3. The prosecution case is that on 29.7.2009, the accused committed rape on the victim, who is a mentally retarded woman. The accused is an autorickshaw driver. The mother of the victim called the autorickshaw to go to a place. Knowing that the victim was alone in the house, the accused came back and committed the offence. 4. Learned public prosecutor submitted that the investigation of the case is at the initial stage. If the petitioner is released on bail at this stage, it would affect the smooth progress of the investigation. 5. Taking into account the facts and circumstances of the BA No.4549/2009 2 case, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl