IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Bail Appl..No. 3164 of 2010() ------------------------------------ CMP.1876/2010 of J.M.F.C.,VADAKKANCHERRY. CRIME NO.159/2010 OF PAZHAYANNUR POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- KUTTAN @ BALAN, AGED 27 YEARS, S/O.MUNDAYI, KALATHILPADI HOUSE, PAMBADI DESOM, THALAPPILLI TALUK, THRISSUR DISTRICT. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, PAZHAYANNUR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3164 of 2010 ----------------------------- Dated this the 26th day of May, 2010 O R D E R Petition is for bail. 2. The alleged offence is under Section 376 of the Indian Penal Code. According to prosecution, de facto complainant is a girl aged 13 years and while she was studying in the 5th standard, petitioner committed rape on her on 17.03.2010 and she sustained serious injuries on the private part. While she was running away from the spot, after the incident, she sustained injury and chest pain also. She was admitted in the hospital and the injuries were noted. 3. Learned counsel for petitioner submitted that petitioner has not committed any offence and his wife had filed a complaint stating that he is falsely implicated. There is a mistaken identity and if at all anything happened, petitioner is not involved in the offence. This is the second application for bail and petitioner is in custody for the past 70 days, it is submitted. B.A. No. 3164 of 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that charge sheet is not yet filed. A reading of the materials of the case diary shows that the petitioner himself is the culprit. The girl sustained injury on the private part, which is revealed from the medical record. It is likely that if he is released on bail, he will influence or intimidate the witnesses or tamper with the evidence. It is not proper to grant bail to petitioner at this stage, it is submitted. 5. On hearing both sides, I am satisfied that investigation is in progress and considering the materials in case diary, I do not find it fit to grant bail at this stage, since it will adversely affect investigation of the case. Petition is dismissed. K. HEMA, JUDGE ln