IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 Bail Appl..No. 5743 of 2010 (E) ----------------------------- (CRIME NO.756/2010 OF ARYANADU POLICE STATION, THIRUVANANTHAPURAM) ----------------- PETITIONER/ACCUSED: ----------------------------------- SAJIKUMAR, S/O.BHUVANENDRAN NAIR, ANCHIMA BHAVAN, MUMBALA, CHITTUVEETUMURI, UZHAMALACKAL VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT/STATE & COMPLAINANT: ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PUBLIC PROSECUTION HIGH COURT OF KERALA. 2. CIRCLE INSPECTOR OF POLICE, ARYANADU, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK. THIS BAIL APPLICATION HAVING COME FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5743 of 2010 ------------------------------------------------ Dated this the 29th day of September, 2010 ORDER The petitioner, who is the sole accused in Crime No.756 of 2010 of Aryanadu Police Station for offences punishable under Sections 376 of I.P.C & 66E, 67A and 67 (B) of the Information Technology Act, 2000, seeks his enlargement on bail. The petitioner was arrested on 22/8/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner who is aged 34 years is running a shop near the house of the 17 year old victim and he had free access to the house of the victim and taking undue advantage of the said freedom he committed rape on her and recorded his prurient ventures in his mobile phone and transferred the same to his friends using a bluetooth. 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 and the other facts and circumstances of the case, if the petitioner is released on Bail Appln.No.5743/2010 : 2 : 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 skj