IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4924 of 2008()
1. MUTHAPPAN, S/O.THOMAS,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
For Petitioner :SRI.M.SREEKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :08/08/2008
O R D E R
K.HEMA, J.
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B.A. No.4924 OF 2008
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Dated this the 8th day of August, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 511 of 376(2)
of Indian Penal Code. According to the prosecution, a seven year
old girl was attempted to be raped by the accused, who is aged
55 years, on 30.06.2008. On the basis of a complaint filed by the
girl’s mother, a crime was registered.
3. Learned counsel for the petitioner submitted that the
F.I.R. will not reveal the necessary ingredients of the offence.
But, learned Public Prosecutor produced the case diary and
submitted that there are sufficient materials in the case diary,
including the medical certificate, which will clearly show that an
offence under Section 376 IPC itself was committed. Though the
offence is registered under Sections 511 of 376(2) IPC, according
to him, rape itself is committed.
On hearing both sides and on going through the case diary,
I am satisfied that the investigation is only at the preliminary
B.A.4924/2008
2
stage and the petitioner was arrested only on 12.07.2008 and
hence I am not inclined to grant bail to the petitioner.
The petition is dismissed.
K.HEMA, JUDGE
pac