IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9874 of 2011() ----------------------------- CRIME NO.866/2011 OF VELLIKULANGARA POLICE STATION, THRISSUR .................... PETITIONER (S): ACCUSED --------------------------- CHANDRAN, AGED 35 YEARS, S/O.MALAYAN VELAYUDHAN, RANDUKAI DESOM, KUTTICHIRA VILLAGE, MUKUNTHAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT ---------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9874 of 2011 --------------------------- Dated this the 7th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.866 of 2011 of Vellikulangara Police Station, Thrissur District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that the accused raped the victim, aged 38 years, who is a deaf and dumb woman. She became pregnant. She was admitted in the hospital as her condition was bad. Later, the crime was registered. The petitioner could not be arrested as he was absconding. He surrendered before the investigating officer on 23.11.2011 after the disposal of his application for anticipatory bail. The petitioner was remanded to judicial custody. BA 9874/11 2 4. The investigation is in progress. If the petitioner is released on bail, it would adversely affect the proper investigation of the case. The victim is a deaf and dumb woman. She is an Adivasi. If bail is granted to the petitioner at this stage, it is most likely that the petitioner would intimidate and influence the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl