IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6962 of 2009 CRIME NO.1899 OF 2009 OF ERNAKULAM TOWN NORTH POLICE STATION PETITIONER/ACCUSED -------------------------------------- ROHIT JOHN, AGED 35, GRA-246, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.V.PREMCHAND RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6962 OF 2009 ------------------------------------------------------ Dated this the 26th day of November, 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.1899 of 2009 of Ernakulam Town North Police Station. 2. The offences alleged against the petitioner are under Sections 366, 376, 417, 420 and 468 of the Indian Penal Code. 3. The de facto complainant is a girl studying in Government Law College, Ernakulam. Her case is that the petitioner made her believe that she was involved in several criminal cases. It is alleged that she was taken to various places under the pretext of saving her from the alleged pending crimes. In that process, it is stated, the accused made her believe that a marriage certificate is necessary. Accordingly, a certificate was created as if the petitioner married her. The petitioner is a Christian. The girl belongs to Muslim community. B.A. NO. 6962 OF 2009 :: 2 :: It is also alleged that the petitioner made the girl believe that the petitioner was the Assistant Public Prosecutor and that he could save her from all criminal proceedings. 4. The learned Public Prosecutor submitted that the petitioner is involved in Crime No.281 of 2008 of Karamana Police Station and Crime No.305 of 2008 of Melattur Police Station. It is also submitted that there are several complaints against the petitioner of having cheated several persons either by offering job or by offering seat for MBBS Course. The petitioner was arrested on 30.10.2009 and he was remanded to judicial custody. 5. The investigation is not over. Several materials are to be collected. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. The submission made by the learned Public Prosecutor that the petitioner is likely to tamper with the evidence or intimidate the witnesses also cannot be brushed aside. B.A. NO. 6962 OF 2009 :: 3 :: In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/