IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Bail Appl..No. 4638 of 2011() ------------------------- CRIME NO. 58 OF 2011 OF ALUVA WEST POLICE STATION PETITIONER/ACCUSED NO.4: ------------------ ALBY, AGED 18 YEARS, S/O.AVARACHAN, ENJAKAL HOUSE, ALANGAD, ALUVA. BY ADV. SRI.SAJAN MANNALI RESPONDENT(S): --------------- STATE OF KERALA, REP.BY THE ASST.SUPERINTENDENT OF POLICE, ALUVA, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................... Bail Application No. 4638 of 2011 ..................................................... Dated: 22-06-2011 ORDER Petitioner, who is the 4th accused in Crime No. 58 of 2011 of Aluva West Police Station for offences punishable under Sections 366 A and 376 (2) (g) read with Sec. 34 I.P.C. and Sec. 3 (1) (xi) of SC/ST (Prevention of Atrocities) Act, seeks his enlargement on bail. The occurrence took place on 25-10-2010 The petitioner was arrested on 17-05-2011. 2. The learned Public Prosecutor opposed the application contending inter alia that this the notorious gang rape case . A 16 year old girl has been ravished by nearly 150 persons on several days and the petitioner is one such person. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative B.A. No. 4638 of 2011 -:2:- conduct of the parties, the extent of the injury sustained, the propensities of the petitioner, the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if 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. Dated this the 22nd day of June, 2011. Sd/- V. RAMKUMAR, (JUDGE) ani/ /true copy/ P.S. to Judge