IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9904 of 2011 CRIME NO.1156 OF 2011 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM. PETITIONER/ACCUSED -------------------------------------- SIVASANKARAN @ BIJU, AGED 39, S/O.GOVINDA PILLAI, AMBATTUKUDY HOUSE, VILAYAL BHAGOM, MATHIRAPPILLY KARA, KOTHAMANGALAM VILLAGE. BY ADV. SRI.V.TEKCHAND RESPONDENTS: STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, KOTHAMANGALAM POLICE STATION. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9904 OF 2011 ------------------------------------------------------ Dated this the 6th day of December, 2011 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.1156 of 2011 of Kothamangalam Police Station, Ernakulam District. 2. The offences alleged against the petitioner are under Sections 293 and 376(2)(f) of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The prosecution case is the following: The accused is a van driver, who used to take students to school in the van. The allegation is that while coming back from school, the petitioner sexually abused the victim girl on several occasions after parking the van on the side of the compound wall of his house. It is also alleged that the accused used to show obscene video clippings in his mobile phone to the victim girl. The accused is a neighbour of the victim. The victim is aged only 11 years. BAIL APPL. NO.9904 OF 2011 :: 2 :: 4. The allegations levelled against the petitioner are very grave in nature. The investigation is in progress. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is also likely that he may try to influence and intimidate the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/