IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5124 of 2011() ----------------------------- CRMP.478/2011 of DISTRICT COURT, PATHANAMTHITTA CRIME NO.583/2011 OF THIRUVALLA POLICE STATION .................... PETITIONER/ACCUSED --------------------- JIJO, S/O.JOSEPH, LALITHA BHAVAN HOUSE, NEAR KAIRALI READING ROOM KADAPRA FROM VALAMPARAMBIL THACHAYIL, KOTTAKAMALI COLONY, PARUMALA.P.O., KADAPRA VILLAGE. BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT: STATE -------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION (CRIME NO.583 OF 2011 OF THIRUVALLA POLICE STATION), THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- Bail Appln.No.5124 of 2011 ----------------------------------------------------- Dated this the 07th day of July, 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.583 of 2011 of the Thiruvalla Police Station. 2. The offences alleged against the petitioner are under Sections 366, 354 & 307 of the Indian Penal Code. 3. The prosecution case is that on 28/04/2011 at about 11.30 p.m., the daughter of the de facto complainant hired an autorikshaw to return to her house from Pushpagiri Medical College Hospital, Thiruvalla where she was working as a nurse. The accused did not stop the autorikshaw at the residence of the victim but he drove away the autorikshaw in high speed. He also tried to molest the victim. She fell down from the autorikshaw. She sustained severe injuries. She was rushed to the hospital where she remained as an inpatient till 13/05/2011. The learned Public Prosecutor submitted that for several days, she was unconscious and that she had sustained head injuries. The investigation is not over. The learned Public Prosecutor submitted that the report from the Bail Appln.No.5124/2011 : 2 : Forensic Science Laboratory is awaited and only on receipt of same, charge sheet can be filed. 4. If the petitioner is released on bail at this stage, there is a likelihood of the evidence being tampered and the witnesses being influenced. It would affect the proper investigation of the case as well. In these circumstances, I do not think it proper to release the petitioner on bail at this stage. Accordingly, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj