IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 Bail Appl..No. 7041 of 2011 ----------------------------------- CRMP.2408/2011 of DISTRICT COURT, PALAKKAD CMP.2275/2011 of J.M.F.C., PATTAMBI .................... PETITIONER/ACCUSED: KOYAKUTTY ALIAS MANU, AGED 59 YEARS, S/O. POKKER, KALLINGALVALAPPIL HOUSE, ULLANNUR, TRITHALA, PALAKKAD DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT/COMPLAINANT: STATE OF KERALA, RPERESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.ALEX.M.THOMBRA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN BA 7461/2011 ANNEXURE 1 TRUE COPY OF THE ORDER OF JFCM PATTAMBI IN CMP 2275/2011 DT. 19.7.11 ANNEXURE 2 COPY OF THE ORDER OF THE SESSIONS JUDGE, PALAKKAD DT. 4.8.11 IN CRLMP 2408/11 /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- B.A.No.7041 of 2011 ------------------------------------------- Dated this the 19th day of September, 2011 ORDER Petitioner was arrested on 09.07.2011 on the allegation that he committed offences under Section 511of 376 (2)(f) of Indian Penal Code and Sections 3(1)(xi) and 3(2)(v) of SC/ST (Prevention of Atrocities) Act. The victim was only a 11 year old mentally retarded girl. Considering the gravity of the offences, learned Magistrate was not inclined to grant bail. Hence, this petition. 2. If the petitioner/accused is granted bail at this stage, there is likelihood of the evidence being tampered with and the witnesses being influenced or terrorised. Hence, I am not inclined to grant bail to the petitioner/accused at this stage. This petition is dismissed. (N.K.Balakrishnan, Judge) tkv