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. 9914 of 2011() ----------------------------- CRIME NO.395/2011 OF NEMMARA POLICE STATION, PALAKKAD APPLICANT/ACCUSED : --------------------------- VELAYUDHAN, AGED 67 YEARS, S/O.CHAMY, KOPPAMKULAMBU COLONY, KARIMBARA, KAYARADY P.O., PALAKKAD. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, NEMMARA POLICE STATION. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9914 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.395 of 2011 of Nenmara Police Station, Palakkad District. 2. The offence alleged against the petitioner is under Section 376(2)(f) of the Indian Penal Code. 3. The prosecution case is that on 29.10.2011, while the victim girl, aged 10 years, was going to the shop, the accused took her to a nearby house and committed the offence. The victim is a relative of the accused. The victim is studying in the fourth standard. The petitioner was arrested on 6.11.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is aged 67 years and therefore, leniency should be shown. I do not find any reason to accept this contention. Allegedly, the petitioner, aged 67 years, was inclined to commit BA 9914/11 2 an offence of this nature. If so, he does not deserve any sympathy. 4. The learned counsel for the petitioner submitted that the petitioner is an illiterate Adivasi and therefore, on that ground also, he is entitled to leniency. The victim is also an Adivasi. Had the petitioner been not an Adivasi, an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act would have been alleged against him. Only because he is also an Adivasi, that offence is not alleged against him. 5. The investigation is in progress. If the petitioner is released on bail, it is most likely that he would intimidate and influence the witnesses and tamper with the evidence. For the aforesaid reasons, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN JUDGE csl