IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2268 of 2008() ----------------------------- CRIME NO.52/08 OF PAZHAYANGADI POLICE STATION : PETITIONER/ACCUSED ----------------------------------- KUTTOOKAN PARAPRATH ALI, S/O.MOIDEEN, THOTTIKEEL, THIRUVATTOOR, TALIPARAMBA TALUK. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENTS: COMPLAINANT: ------------------------- 1. SUB INSPECTOR OF POLICE, S.H.O, PAZHAYANGADI, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2268 of 2008 ------------------------------------- Dated this the 11th day of April, 2008 ORDER Application for regular bail. Petitioner faces allegations under Section 377 I.P.C. He is alleged to have committed unnatural sexual offence against a girl child aged 5 years, who was travelling in the school bus, of which the petitioner was the driver. I have adverted to facts in detail in the orders dated 29.02.08 in B.A.1270 of 2008 and dated 24.03.08 in B.A.1790 of 2008. The learned counsel for the petitioner repeats the prayer for grant of regular bail. 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that no leniency is called for in the nature of allegations raised in this case. The depravity of mind is evident from the nature of the offence committed against a 5 year old school girl who was under the charge of the petitioner as the driver of the bus, submits the learned Public Prosecutor. 3. I find merit in the objection raised by the learned Public Prosecutor. I am not, in these circumstances, persuaded to agree B.A.No.2268 of 2008 2 that the petitioner is entitled to be enlarged on bail. Investigation is not complete. I agree with the learned Public Prosecutor that the investigators in a serious crime like this must be given further time to complete the investigation. 4. This application for regular bail is, in these circumstances, dismissed, but with the observation that the petitioner shall be at liberty to move this Court for bail again at a later stage of the investigation - not, at any rate, prior to 25.04.08. The investigator shall in the meantime make every endeavour to complete the investigation. Sd/- (R.BASANT, JUDGE) rtr/- /true copy/ P.A to Judge