IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Bail Appl..No. 6074 of 2010(B) ------------------------------------------ (CRL.M.P. NO.2030/2010 OF THE COURT OF SESSION, KASARAGOD, S.C. NO.398/2010 OF ASSISTANT SESSIONS COURT, HOSDURG) ............ PETITIONER/ACCUSED: ---------------------------------- K.V.SANTHOSH, AGED 39 YEARS, S/O.APPUTTY, KOOLOTH VALAPPIL HOUSE, KURUNCHERI, KARINDALAM VILLAGE, HOSDURG TALUK. BY ADV. SRI.MURUGAN P.V. RESPONDENTS/COMPLAINANTS: ------------------------------------------------- 1. THE STATION HOUSE OFFICER, NILESHWAR, THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. .................................................... Bail Application No. 6074 of 2010 ..................................................... Dated: 4th October, 2010 ORDER Petitioner who is the sole accused in S.C. No. 398 of 2010 of Assistant Sessions Judge, Hosdurg for an offence punishable under Sec. 376 I.P.C. seeks his enlargement on bail. The petitioner was arrested on 10-4-2010. 2. The application was opposed on behalf of the prosecution contending inter alia that the victim in this case is none other than the 7 ½ year old daughter of the petitioner and that medical evidence will clearly show that the prosecution case is true. He also submitted that the de facto complainant is none other than the wife of the accused and was staying along with the accused and their two daughters and the case of the petitioner that the petitioner's wife had fallen apart and living separately from the petitioner, is not true. Bail Application No. 6074 of 2010 -:2:- 3. Having regard to the nature of the allegations levelled against the petitioner, the relative conduct of the parties, the nature of the injury sustained and the other facts and circumstances of the case, if the petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioner at this stage. This petition is accordingly dismissed. Dated this the 4th day of October, 2010. V. RAMKUMAR, (JUDGE) ani.