IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Bail Appl..No. 6727 of 2010(A) ----------------------------------- (CRIME NO. 435/2010 OD KUTTIADI POLICE STATION, KOZHIKODE DISTRICT) ................... PETITIONER(S)/ACCUSED ------------------------------- LALU.C.V., S/O. POKKAN, AGED 33 YEARS, CHERUVATHIRA HOUSE, KURICHAKKAM.P.O., VELAM VILLAGE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------- 1. THE STATION HOUSE OFFICER, KUTTIADI POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ................................... Bail Application No. 6727 2010 ..................................................... Dated: 26th day of October, 2010 ORDER Petitioner, who is the sole accused in Crime No.435 of 2010 of Kuttiadi Police Station for offences punishable under Sections 495, 420 and 376 I.P.C., seeks his enlargement on bail. The occurrence took place on 29.11.2009. The petitioner was arrested on 17.9.2010. 2. The learned Public Prosecutor opposed the application contending that the petitioner, who is a married and having two children was apprehended towards the 24 year old victim that he was unmarried and he garlanded her from an isolated temple and they were living as husband and wife and it was only subsequently that the girl came to know that the petitioner is a married man and she became pregnant. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioner, the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if the petitioner is released on bail, he will Bail Application No. 6727 / 2010 2 definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioner at this stage. This petition is accordingly dismissed. V. RAMKUMAR, (JUDGE) dmb