IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7535 of 2009() ------------------------------------------ CRIME NO.1812/2009 OF KOTHAMANGALAM POLICE STATION. PETITIONER/ACCUSED: -------------------------------- AZEEZ, S/O. SYDU, AGED 59 YEARS, NAYKKANMAVUDY HOUSE, NAIKKEN COLONY, NELLIKUZHI KARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM. BY ADV. SRI.P.V.ELIAS RESPONDENT/COMPLAINANT: ------------------------------------------- THE S.I OF POLICE, KOTHAMANGALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7535 of 2009 ------------------------------------ Dated this the 21st 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 Crime No.1812/2009 of Kothamangalam Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The petitioner is a neighbour of the victim girl aged about 7 years. The petitioner's wife had gone to the hospital to attend her son, who was admitted in the hospital. At that time, the victim girl was taken to the house by the petitioner under some pretext and he committed the offence. A neighbour saw the incident and brought to the place the de facto complainant, the mother of the victim, who also saw the incident. She rescued the victim girl. The petitioner was arrested on 2/11/2009 and he was remanded to judicial custody. 4. The offence alleged against the petitioner is a heinous one. The victim was studying in the 2nd standard at that time. The B.A. No. 7535/2009 2 petitioner, a 59 year old man committed the offence on the victim, who was only having the age of petitioner's grand- daughter, if he has one. The investigation is not over. If the petitioner is released on bail, he would indulge in the activities to intimidate and influence the witnesses. It is also likely that he may make himself scarce. 5. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm