IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 Bail Appl..No. 6371 of 2010() ------------------------- CMP.3413/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,THAMARASSERY CRIME NO. 366/10 OF KODUVALLY POLICE STATION, KOZHIKODE .................... PETITIONER / ACCUSED : ---------------------------------- SHAMSEER, AGED 27 YEARS, S/O.SULAIMAN, KELAMARAKANDI HOUSE, THAMARASSERY P.O., RAROTH AMSOM, KEDAVOOR DESOM. BY ADV. SMT.BINDU GEORGE RESPONDENT : -------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. .................................................... Bail Application No. 6371 of 2010 ..................................................... Dated: 13-10-2010 ORDER Petitioner who is the accused in Crime No. 366 of 2010 of koduvally Police Station for an offence punishable under Sec. 376 I.P.C. seeks his enlargement on bail. The petitioner was arrested on 2-09-2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner who is a married man having two children and who is a gulf returnee had ravished the 19 year old girl after promising to marry her and suppressing his marital status and that subsequently her pregnancy was aborted. 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 , the sentiments of the near Bail Application No. 6371 of 2010 -:2:- relative of the victim 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) ani.