IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 Bail Appl..No. 3346 of 2011() ---------------------------------------- AGAINST THE ORDER DATED 18/04/2011 IN CMP 1688/11 IN CMP.1705/2011 of JUDICIAL IST CLASS MAGISTRATE, KOYILANDY CRIME NO.335/2011 OF KOYILANDY POLICE STATION, KOZHIKODE .................... PETITIONER (S): IST ACCUSED -------------------------------------------------- P. RATHEESH, AGED 27 YEARS, S/O. NARAYANAN NAIR, PONMALERI HOUSE, P.O. CHELIYA, CHENGOTTUKAVU, KOYILANDY. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT AND STATE ----------------------------------------------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERTY, KOZHIKODE.673 530. 2. SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION, KOYILANDY. 673 536. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ============================= Bail Application No.3346 of 2011 ================================ Dated this the 6th day of May, 2011 ORDER Petitioner, who is the accused in Crime No.335/2011 of Koyilandi Police Station for offences punishable under Sections 376,354 IPC and 3(1)(xi)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeks his enlargement on bail. The occurrence took place on 13.04.2011. The petitioner was arrested on 15.04.2011. 2. The The learned Public Prosecutor opposed the application contending, inter alia, that a girl belonging to Scheduled Caste and Scheduled Tribe and below the age of 16 years was ravished by the petitioner. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the extent of the injury sustained, 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 influence and intimidate the prosecution B.A. No. 3346 of 2011 2 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) sj