IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 6079 of 2011() ----------------------------- CMP.1316/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO.738 OF 2011 OF KOTHAMANGALAM POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------ SHIBU S/O.NALLURAJ, AGED 28 YEARS, SHEJU BHAVAN (H) KURUMANNACHERRY KARA, MUKATHLA VILLAGE, KOLLAM BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- STATE OF KERALA REP.BY STATION HOUSE OFFICER, KOTHAMANGALAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ........................................... B.A.NO.6079 OF 2011 ............................................. Dated this the 2nd day of August, 2011. O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.738 of 2011 of the Kothamangalam Police Station. 2. The offence alleged against the petitioner is under Sections 511 of 376 and 450 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The prosecution case is the following: The defacto complainant, his aged mother and his minor daughter aged 9 years are residing in the house belonging to the defacto complainant. The wife of the defacto complainant is working abroad. The defacto complainant is working at Ernakulam. A new house is under construction in the residential compound of the defacto complainant. For the purpose of certain works, he had brought the accused and another person from Kollam. They were staying in the house under construction. On 27.6.2011, at about B.A.NO.6079 OF 2011 : 2 : 5.45 p.m, when the minor daughter of the defacto complainant went to the new house under construction to take the clothes, the accused attempted to commit rape on the minor girl. The petitioner was arrested on 28.6.2011 and he was remanded to judicial custody. 4. The investigation is going on. If the petitioner is released on bail at this stage, it is most likely that he would try to influence or intimidate the witnesses and tamper with the evidence. It is also likely that the petitioner may abscond and make himself scarce. 5. For the aforesaid reasons, I am of the view that bail cannot be granted to the petitioner at this stage. The bail application is accordingly dismissed. Sd/= K.T.SANKARAN, JUDGE. /true copy/ P.S. to Judge cl