IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Bail Appl..No. 5182 of 2010() ----------------------------- CRIME NO.258/2009 OF SREEKANDAPURAM POLICE STATION PETITIONER/ACCUSED NO.12 -------------------------------------------- CHERUUNNONTAKATH MUSTHAFA, S/O. IBRAHIM, AGED 30 YEARS, NADUVIL P.O., NADUVIL AMSOM, DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH S.H.O., SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Bail Application No.5182 of 2010 * * * * * * * * * * * * * * * * * * * * * Dated: 17th day of September, 2010 ORDER Petitioner, who is the 12th accused in Crime No.258/2009 of Sreekandapuram Police Station for offences punishable under Sections 376 and 366 (A) read with 34 IPC, seeks his enlargement on bail. The occurrence took place on 24.11.2009. The petitioner was arrested on 15.8.2010. 2. The learned Public Prosecutor opposed the application contenting inter-alia that the victim is a 15 year old mentally retarded girl having the maturity of a 10 year old girl and that she was raped by the petitioner as well. 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. V. RAMKUMAR, (JUDGE) dmb