IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Bail Appl..No. 4014 of 2009 CRIME NO.471 OF 2009 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED -------------------------------------- C.M.ABDUL NAZAR, AGED 29 YEARS, S/O.MUHAMMED, R/AT CHATTUMKUZHI HOUSE, CHATTUMKUZHI, MADHUR VILLAGE, KASARAGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, KASARAGOD, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4014 OF 2009 ------------------------------------------------------ Dated this the 23rd 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.471 of 2009 of Kasaragod Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The victim was aged only 13 years at the time of commission of the offence. The petitioner was arrested on 4.7.2009 and he is in judicial custody. The investigation is at the initial stage. 4. Taking into account the facts and circumstances of the case and the allegations levelled against the petitioner and the present stage of investigation, I do not think that the petitioner can be released on bail at this stage. It is likely that the petitioner may try to influence the witnesses and tamper with the evidence, as rightly B.A. NO. 4014 OF 2009 :: 2 :: pointed out by the learned Public Prosecutor. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/