IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 BAIL APPL..No. 5797 OF 2011 CRMP.1769/2011 OF J.M.F.C.-I,KOCHI CRIME NO.698 OF 2011 OF NARAKKAL POLICE STATION, ERNAKULAM. PETITIONER: ACCUSED NO.5: --------------------- SANEESH K.S, S/O.SAJEEVAN, KAVUNGAL HOUSE, NARAKKAL PO, VYPIN, ERNAKULAM. BY ADV. SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SMT.M.A.RUXANA RESPONDENTS: COMPLAINANT & FORMAL PARTY: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER NARAKKAL POLICE STATION, NARAKKAL. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5797 OF 2011 ------------------------------------------------------ Dated this the 21st day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.698 of 2011 of Narakkal Police Station, Ernakulam District. 2. The offences alleged against the accused are under Sections 376(g), 366A and 354 of the Indian Penal Code. 3. The victim is aged 17 years. In the First Information Statement, the de facto complainant stated that on 17.6.2011, the petitioner came to her house and he committed rape on her. The First Information Statement narrates about various other incidents of rape by the other accused persons. 4. The petitioner surrendered before Court on 6.7.2011 and he was remanded to judicial custody. The Bail Application filed by the petitioner was dismissed by the trial court by the order dated 13th July, 2011. BAIL APPL. NO.5797 OF 2011 :: 2 :: 5. The learned counsel for the petitioner submitted that police custody of the petitioner was given for one day and potency test was also conducted. The learned Public Prosecutor submitted that the investigation is in progress and FSL report is awaited. If the petitioner is released on bail at this stage, it is submitted that he is likely to influence the witnesses and tamper with the evidence. 6. The offences alleged against the accused are grave in nature. The investigation is not over. At this stage if the petitioner is released on bail, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/