IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Bail Appl..No. 2769 of 2010() ----------------------------- CMP.2303/2010 of J.M.F.C.-I,HOSDRUG CRIME NO.120/2009 OF AMBALATHARA POLICE STATION, KASARAGOD. PETITIONER (S): -------------------- SHAJI K.M,S/O.MATHEW,PANANGAD, THAYANNUR VILLAGE,KANHIRAPOIL, KASARGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): --------------- 1. STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER,AMBALATHARA POLICE STATION,(CRLNO.120 2009),AMBALATHARA, KASARGOD DISTRICT. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2769 of 2010 ---------------------------------------------- Dated 20th May, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 341, 452, 376 and 506 of the Indian Penal Code and Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. According to prosecution, on 1.9.2009, at about 8 p.m., petitioner trespassed into the house of the defacto complainant, who is aged 27 years, who belongs to Scheduled Caste community, and committed rape on her. He also threatened to kill her. 3. Petitioner surrendered before the court on 22.4.2010 and he is in custody since then. 4. Learned Public Prosecutor opposed the bail application and submitted that petitioner surrendered only after a few months of the incident. If petitioner is released on bail, it is likely that he will interfere with the investigation and he will influence the witnesses and tamper with evidence. 5. On hearing both sides, I am satisfied that it is not fit BA NO.2769/10 2 to grant bail at this stage. Petition is dismissed. K.HEMA, JUDGE. tgs