IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR SUNDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 Bail Appl..No. 8545 of 2010() ----------------------------- CRIME NO. 3028/2010 of KOTTARAKKARA POLICE STATION .................... PETITIONER/ACCUSED:- ----------------------------- ASLAM,S/O.ABDUL SAMAD,KOCHUTHUNDIL VEEDU NEAR KOCHITHEKKEMUKKU,THAZHATHU VADAKKU MURI, PATTAZHI VILLAGE. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS/COMPLAINANT:- ------------------------------------- 1. STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 682 031 2. SUB INSPECTOR OF POLICE, KOTTARAKARA POLICE STATION, KOLLAM DISTRICT,KOTTARAKARA PO, KOLLAM DISTRICT 691 006. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................... Bail Application No. 8545 of 2010 ..................................................... Dated this the 3rd day of January, 2011. ORDER Petitioner, who is the accused in Crime No.3028 of 2010 of Kottarakkara Police Station for offences punishable under Sections 366 and 376 I.P.C., seeks his enlargement on bail. The occurrence took place on 29.11.2010. The petitioner was arrested on 02.12.2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner who is an autorickshaw driver aged 26 years had abducted the 20 year old B. Tech student and had committed rape on her and he is an accused in two other crimes involving Section 153-A IPC. 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 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. rv