IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 4199 of 2009() --------------------------------------- CRMP.5031/2009 of MUNSIFF-MAGISTRATE COURT, CHALAKUDY CRIME NO.438/2008 OF VALLIKULANGARA POLICE STATION, THRISSUR. .................... PETITIONER/ACCUSED: --------------------------------------- JOSE, S/O.CHACKU, CHERUPARAMBIL HOUSE, VASUPURAM, MATTATHURKUNNU P.O., KODAKARA, THRISSUR. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT/ COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. I.V. PRAMOD, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4199 of 2009 ------------------------------------ Dated this the 31st day of July, 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.438/2008 of Vallikulangara Police Station, Thrissur. 2. The offences alleged against the petitioner are under Sections 376 and 506(i) of the Indian Penal Code. 3. The incident was on 11/12/2008. The petitioner surrendered before the court on 19/06/2009. He is in judicial custody since then. 4. I have perused the Case Diary. The defacto complainant appears to be illiterate. 5. The learned Public Prosecutor submitted that the investigation is not completed. The chemical examination report is yet to be received. I am of the view that if the petitioner is released on bail at this stage, there is every likelihood of the petitioner influencing or intimidating the B.A. No. 4199 /2009 Page numbers witnesses. For the aforesaid reasons, I do not think that the petitioner can be released on bail at this stage. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm