IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 9239 of 2011() ----------------------------- MP.3344/2011 of J.M.F.C-I,PERUMBAVOOR CRIME NO.1072/2011 OF KALADY POLICE STATION .................... PETITIONER : ACCUSED : ---------------------- GEORGE,AGED 35 YEARS, S/O. IYPE,EDASSERRY HOUSE, CHAMMINI BHAGAM,MALAYATTOOR KARA, ALUVA TALUK,ERNAKULAM DISTRICT BY ADV. SRI.K.SUNILKUMAR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9239 of 2011 ---------------------------------------------- Dated this the 15th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1072 of 2011 of Kalady Police Station. 2. The offence alleged against the petitioner is under Section 511 of 376 of the Indian Penal Code. 3. The prosecution case is that on 13/10/2011 at 7 P.M., the accused attempted to commit rape of the de facto complainant. With great difficulty, she escaped from the clutches of the de facto complainant. As a result of the attack made by the accused, the de facto complainant sustained injuries. She was admitted in the hospital. The wound certificate indicates that the de facto complainant sustained injuries. It is submitted by the learned Public Prosecutor that the injuries are attributable to the attempt to commit rape. 4. The petitioner was arrested on 14/10/2011 and he was remanded to judicial custody. Bail Appln.No.9239/2011 : 2 : 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also gone through the case diary. The investigation is in progress. 6. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. The petitioner is a neighbour of the de facto complainant. If the petitioner is released on bail at this stage, it is most likely that he would intimidate and influence the witnesses and the victim and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj