IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Bail Appl..No. 2070 of 2011() ----------------------------- CRIME NO. 58/2011 of ALUVA WEST POLICE STATION .................... PETITIONER/3RD ACCUSED:- ------------------------------ AJEESH,S/O.ASOKAN, AGED 27 YEARS, RESIDING AT KAKKANATTUPARAMBIL HOUSE, NEERICODE KARA, ALANGAD VILLAGE, PARAVOOR TALUK BY ADV. SRI.RAJIV NAMBISAN RESPONDENT:- --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM ,KOCHI-31 ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.2070 of 2011 ----------------------------------------------------- Dated this the 21st day of March, 2011 ORDER Petitioner, who is accused No.3 in Crime No.58 of 2011 of Aluva West Police Station for offences punishable under Sections 366-A, 376(2)(g) of I.P.C. and under Section 3(1)(xi) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, seeks his enlargement on bail. The occurrence took place on 25/12/2010. The petitioner was arrested on 01/02/2011. 2. The learned Public Prosecutor opposed the application contending inter alia that the victim who is a 16 year old girl belonging to Scheduled Caste was subjected to gang rape by a total number of 149 persons of whom only 2 alone have been arrested. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the propensities of the petitioner, the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if the petitioner is released on bail, he will definitely Bail Appln.No.2070/2011 : 2 : 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 21st day of March, 2011. V.RAMKUMAR, JUDGE. skj