IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4662 of 2009() ------------------------------------ CMP.2581/2009 of J.M.F.C.,KASARAGOD CRIME NO. 95/2009 OF BEDAKAM POLICE STATION .................... PETITIONER/ACCUSED NO. 1 : ------------------------------------------ NISHAD @ NISAR, AGED 23 YEARS, S/O. ABDUL KHADER, RESIDING AT KONDOCHI HOUSE, PADUPU, SHANKAMPADI VILLAGE, KASARAGOD TALUK. BY ADV. SRI. K. ANAND RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR, BEDAKAM POLICE STATION. BY SRI. GIKKU JACOB PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4662 of 2009 ------------------------------------ Dated this the 20th day of August, 2009 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. 95/2009 of Bedakam Police Station. 2. The offences alleged against the petitioner are under Sections 406, 323, 493, 376, 506(ii), 509 and 109 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that the accused made the defacto complainant believe that he would convert to the community of the defacto complainant and marry her. Making her believe that he has so converted, he married her and they resided together. A child was born in that relationship. Thereafter, the petitioner abandoned the lady and he married another lady. It is alleged that the first accused deceitfully induced the defacto complainant to believe that a lawful marriage was performed and under such belief induced her to cohabit with him. The petitioner was arrested on 03.08.2009 and he is in judicial custody. The investigation of the case is not over. Investigation is at initial B.A. No. 4662 of 2009 2 stage. If the petitioner is released on bail at this stage, it would affect the proper investigation of the case, as rightly pointed out by the learned Public Prosecutor. There is every likelihood of the petitioner intimidating or influencing the witnesses or tampering with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln