IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Bail Appl..No. 7347 of 2010() ----------------------------- (CRIME NO.333/2009 OF THAMPANOOR POLICE STATION) CMP.4009/2010 of J.M.F.C.-III,TRIVANDRUM .................... PETITIONER/ACCUSED -------------------------------------- DAVID, S/O.CHELLAPPAN, AGED 29 YEARS, KULACHIKARA MERCHINSTEN ESTATE DIVISION II, LAYAM, PONMUDI, PERINGAMALA, THENNUR VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.SABU S.KALLARAMOOLA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7347 of 2010 ------------------------------------------------ Dated this the 23rd day of November, 2010 ORDER The petitioner, who is the sole accused in Crime No.333 of 2009 of Thampanoor Police Station for offences punishable under Sections 418, 420, 496, 506(1) & 376 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 29/10/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that promising to marry the blind girl aged 22 years the petitioner had given her a drink mixed with psychotropic substance while inside a room in Sreedevi Lodge, Thampanoor and had committed rape on her without the knowledge of the girl while she was unconscience and thereafter he had promised to marry her and had taken her to various places and had subsequently backed out of his premises. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the propensities of the petitioner, the sentiments of the victim and her near relatives and the other facts and circumstances of the case, I am of the view that if Bail Appln.No.7347/2010 : 2 : the petitioner is released on bail, he will 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 skj