R.Raji Kumar vs Sub Inspector Of Police on 25 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6870 of 2009()


1. R.RAJI KUMAR, S/O. RAGHAVAN PILLAI,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :25/11/2009

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                      B.A. NO. 6870 OF 2009
             ------------------------------------------------------
            Dated this the 25th day of November, 2009


                                O R D E R

This is an application for anticipatory bail under Section 438 of

the Code of Criminal Procedure. The petitioner is the accused in

Crime No.500 of 2009 of Palode Police Station.

2. The offence alleged against the petitioner is under Section

511 of 376 of the Indian Penal Code.

3. The victim is a girl aged six years. The accused is her

neighbour. The allegation is that at the time when the mother of the

victim had gone to the hospital, the victim was called by the

petitioner to his house promising to give sweets and committed the

offence.

4. Taking into account the facts and circumstances of the

case, the nature and gravity of the offence and the allegations

levelled against the petitioner,I am of the view that this is not a fit

case at all for granting relief under Section 438 of the Code of

B.A. NO. 6870 OF 2009

:: 2 ::

Criminal Procedure. The petitioner is not entitled to any

discretionary relief under Section 438 of the Code of Criminal

Procedure.

For the aforesaid reasons, the Bail Application is dismissed.

(K.T.SANKARAN)
Judge

ahz/