SHAJI JOSEPH Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) This petition is for bail.

(2.) The alleged offences are under Sections 511 and 376 of the Indian Penal Code. According to prosecution, petitioner has allegedly attempted to commit rape on a girl aged six years on 28/04/2010.

(3.) Petitioner was arrested on 05/05/2010 and he is in custody for the past 28 days. Learned Public Prosecutor submitted that the allegation is only "fingering" and hence, offence under Section 376 is not involved in this case and at the most, offence allegedly committed will fall under Section 354 of Indian Penal Code which is bailable, in the light of the decisions of this court in Chenthamara v State of Kerala (2008(4) KLT 290) and Santhosh Madhavan v Circle Inspector of Police (2008(3) KLT 558). Learned Public Prosecutor submitted that the allegation is fingering etc.