IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 9202 of 2011 CRIME NO.80 OF 2011 OF THANNITHODU POLICE STATION, PATHANAMTHITTA DISTRICT. PETITIONER/ACCUSED -------------------------------------- MATHAI @ PONNACHAN, AGED 54 YEARS, S/O. VARGHESE, ERUTHINGAL VEEDU, THANNITHODU MURI, THANNITHODU VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA SRI.JOSEPH SEBASTIAN (PARACKAL) RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9202 OF 2011 ------------------------------------------------------ Dated this the 14th day of November, 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.80 of 2011 of Thannithodu Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 450 and 376 of the Indian Penal Code and Sections 3(1)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The prosecution case is the following: The de facto complainant was admitted in the hospital due to Chikkun Gunia. After she was discharged from the hospital, she was taking rest in her house. On 4.10.2011 noon, when she went to the kitchen, she fell unconscious. She lied down in the kitchen itself. At about 3 P.M., when the husband of the victim came to the house, he found the accused committing rape of the defacto complainant. Even at that time, the victim was unconscious. BAIL APPL. NO.9202 OF 2011 :: 2 :: 4. the petitioner was arrested on 27.10.2011 and he was remanded to judicial custody. 5. The investigation is in progress. It is stated that the victim belongs to a scheduled caste. They are financially poor. It is also submitted by the learned Public Prosecutor that the petitioner is rich and powerful. If the petitioner is released on bail at this stage, it would certainly have an adverse impact on the proper investigation of the case. It is most likely that the petitioner would influence or intimidate the witnesses and the victim and tamper with the evidence. 6. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/