IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Bail Appl..No. 6091 of 2010(D) ------------------------------------------ (CRIME NO.647/2010 OF THE KANNUR TOWN POLICE STATION, KANNUR DISTRICT) .................. PETITIONERS/2 AND 4TH ACCUSED: ---------------------------------------------------- 1. M.NOUSHAD, S/O.MUHAMMED, 31 YEARS, BENGALI MOHALLAH, KANNUR CITY. 2. K.MANSOOR, S/O.MUSTHAFA, KODOTHIL HOUSE, KADAVU ROAD, VALAPATTANAM, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT. RESPONDENTS/STATE: ---------------------------------- 1. SUPERINTENDENT OF POLICE, KANNUR DISTRICT, KANNUR, PIN-670 001. 2. CIRCLE INSPECTOR OF POLICE, KANNUR, NEAR POLICE GROUND, KANNUR, PIN-670 001. 3. SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, NEAR POLICE GROUND, KANNUR, PIN-670 001, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R1 TO R3 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. .................................................... Bail Application No. 6091 of 2010 ..................................................... Dated: 4-10-2010 ORDER Petitioners who are the accused in Crime No. 647 of 2010 of Kannur Town Police Station for offences punishable under Sections 366 A and 376 I.P.C., seek their enlargement on bail. The occurrence took place on 12-6-2010. Petitioners surrendered on 18-09-2010. 2. The application was opposed on behalf of the prosecution contending inter alia that the victim is a 14 year old girl who was recently questioned by the investigating officer to reveal that on the basis of false promises the petitioners along with their counsel were alluring her to file a petition before this Court to the effect that the petitioners had not committed the alleged offences against her. 3. The question as to whether there has been settlement of a rape case in which the victim involved is a 14 year old girl is totally irrelevant. Having regard to the fact that the petitioners who were Bail Application No. 6091 of 2010 -:2:- evading their arrest after the occurrence which took place in the month of June 2010 and it was only pursuant to a direction by this Court that they surrendered before the Investigating Officer on 18-09- 2010 and thereafter before the Magistrate shows that the petitioners have been moving hearing and earth to come out with a false case that the matter is settled. Actually they were trying to see that the matter is hushed up. 4. Having regard to the nature of the allegations levelled against the petitioners, the relative conduct of the parties, the nature of the injury sustained and the other facts and circumstances of the case, if the petitioners are released on bail, they will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioners making themselves scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioners at this stage. This petition is accordingly dismissed. V. RAMKUMAR, (JUDGE) ani.