IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1961 of 2010() -------------------------------------- CRIME NO. 96/2010 OF CHOKLI POLICE STATION. .................... PETITIONER/ACCUSED: -------------------------------------- BABURAJ, S/O.NARAYANAN, HEAD MASTER, ANILPURAM, P.O.TEMPLE GATE, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT/COMPLAINANT: ------------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1961 of 2010 ------------------------------- Dated this the 7th day of April, 2010 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.96/2010 of Chokli Police Station, Kannur. 2. The offences alleged against the petitioner are under Sections 376 and 506(i) of the Indian Penal Code. 3. The petitioner is the Headmaster of a U.P. School. The allegation is that he committed rape on the victim, who was studying in the 5th standard. The rape was alleged to have been committed in the office room of the Headmaster during lunch recess. The sister of the victim filed a petition before the police and the crime was registered. 4. B.A.No.1527/2010 filed by the petitioner was dismissed by the order dated 16/3/2010, wherein it was held that if the petitioner were to be released on bail, he would definitely influence and intimidate the prosecution witnesses. It was also held that there was likelihood of the petitioner making himself scarce,if released on bail. B.A. No. 1961/2010 2 5. The learned Public Prosecutor opposed the Bail Application. He submitted that the investigation is not over. The petitioner is the Headmaster of the school. The persons who may give the necessary materials to prove the offence may be from the school itself. If the petitioner is released on bail, there is every likelihood of the witnesses being influenced or intimidated. That the petitioner is the Headmaster of the school is also a matter to be taken note of . Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm