IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1251 of 2010() ----------------------------- CRIME NO.18/2010 OF WADAKKANCHERY POLICE STATION, THRISSUR .................... PETITIONER(S): -------------------- UNNIKRISHNAN @ KUTTAN, S/O.SANKARANARAYANAN COLAKKOTTIL HOUSE, VELLARKULAM DESOM PAZHAYANNUR VILLAGE, THRISSUR DT. BY ADV. SRI.V.M.SYAM KUMAR RESPONDENT(S): COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING THE S.I. OF WADAKKANCHERRY POLICE STATION PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1251 of 2010 --------------------------------------------- Dated this the 11th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.18 of 2010 of Wadakkanchery Police Station. 2. The offences alleged against the petitioner are under Sections 450 and 376 of the Indian Penal Code. 3. The prosecution case is the following: The accused is a rubber tapper. He used to come for rubber tapping in the Rubber Estate near the house of the victim. The victim is a widow, aged 42 years. Her husband died 20 years ago. Her daughter is married to Malappuram. At 5.30 A.M., she woke up and went to the toilet outside the house. She saw a man in front of the house. Immediately she returned to the house. By that time, the accused caught hold of the victim and committed rape on her. There was profuse bleeding. She informed the neighbours. She was taken to the hospital. 4. The petitioner was arrested on 4.1.2010 and he was remanded to judicial custody. BA No.1251/2010 2 5. The learned Public Prosecutor submitted that the investigation is not over. If the petitioner is released on bail at this stage, there is every likelihood of the petitioner intimidating or influencing the witnesses which would affect the proper investigation of the case. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the fact that the investigation is not over, I am not inclined to grant bail to the petitioner at this stage. If the petitioner is released on bail, there is every likelihood of the witnesses being influenced or intimidated. For the aforesaid reasons, the Bail Application is dismissed with liberty to the petitioner to approach this Court and to apply for bail after a period of two weeks. K.T.SANKARAN, JUDGE csl