IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6930 of 2011() ----------------------------- CMP.1308/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO.223/2011 OF OONNUKAL POLICE STATION ERNAKULAM DISTRICT. .................... PETITONER/ACCUSED --------------------- ABDUL KALAM,@ KALAM,S/O.SYNUDEEN, KANJIRAKKATTU HOUSE,VELLARAMATTOM BHAGAM, PALLARIMANGALAM KARA,POTHANIKKADU VILLAGE. BY ADV. SRI.BYJU KURIAKOSE SRI.GEORGE SEBASTIAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6930 of 2011 ---------------------------------------------- Dated this the 31st day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.223 of 2011 of Oonnukal Police Station, Ernakulam District. 2. The offences alleged against the petitioner are under Sections 511 of 376 and 302 of the Indian Penal Code. 3. The crime was originally registered under Section 174 of the Code of Criminal Procedure. The victim woman was found dead on the bank of a river on 12/06/2011. The petitioner was also questioned as a witness during the course of investigation. During the investigation, it was revealed that at the relevant time on the date of incident, the petitioner swam from the opposite bank of the river and came to the bank where the victim was taking bath, caught hold of her and attempted to commit rape on her. The petitioner did not succeed in committing rape. He committed the murder of the woman. The petitioner was arrested on 22/06/2011. Investigation is in progress. Bail Appln.No.6930/2011 : 2 : 4. The learned Public Prosecutor submitted that there is a material witness who is aged about 9 years. Her statement under Section 164 of the Code of Criminal Procedure requires to be taken. That girl is a relative of the petitioner. If petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. Taking into account the facts and circumstances of the case, I am of the view that it is not just and proper to release the petitioner on bail at this stage. If the petitioner is released on bail, it is most likely that he would try to influence or intimidate the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj