IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5912 of 2011 CMP.4761/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.237 OF 2011 OF RAJAPURAM POLICE STATION, KASARAGOD PETITIONER/ACCUSED NO.1 ------------------------------------------- RENIL VARGHESE,AGED 27 YEARS, S/O.VARGHESE,KOLOCHAL,KOLOCHAL.P.O, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5912 OF 2011 ------------------------------------------------------ Dated this the 26th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.237 of 2011 of Rajapuram Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 354 and 376 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: On 17.6.2011 at about 4.15 P.M., at the request of accused No.2, with whom the victim was having acquaintance, the victim came near a cinema theatre. The second accused then took her to the rear side of the theatre and promised that he would marry her. It is also alleged that he outraged the modesty of the victim. At that time, the first accused came there and forcibly took the victim inside the theatre and committed rape. BAIL APPL. NO.5912 OF 2011 :: 2 :: 4. The petitioner was arrested on 29.6.2011 and he was remanded to judicial custody. 5. The investigation is in progress. The Bail Application was vehemently opposed by the learned Public Prosecutor, who submitted that if the petitioner is released on bail at this stage, he would influence and/or intimidate the witnesses. 6. In the facts and circumstances of the case, I do not think it is proper to release the petitioner on bail at this stage. If the petitioner is released on bail, it is most likely that he would try to influence and intimidate the witnesses and tamper with the evidence. The investigation is in progress. At this stage, the petitioner cannot be released on bail. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/ BAIL APPL. NO.5912 OF 2011 :: 3 ::