IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 Bail Appl..No. 4876 of 2011() --------------------------------- CRIME NO. 111/2011 of C.B.C.I.D., H.H.W.II, ERNAKULAM APPLICANTS/ ACCUSED NOS. 37 AND 38:- ------------------------------------------------- 1. UNNIKRISHNAN,S/O.GOVINDA PILLAI AGED 52 YEARS, ANAMIKA VEEDU, KURAKKANNIKKARA BHAGAM, VARKALA VILLAGE, CHIRAYANKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT 2. NOBY.S/O.SUGUNAN, AGED 31 YEARS,'ILA' NEAR GOVT.HOSPITAL VARKALA VILLAGE, CHIRAYANKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI. BABU S. NAIR SRI. VIPIN NARAYAN RESPONDENT/ COMPLAINANT:- ----------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM,REP.BY THE DETECTIVE INSPECTOR CB-CID, HHWII, ERNAKULAM. ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................... Bail Application No. 4876 of 2011 ..................................................... Dated this the 29th day of June, 2011. ORDER Petitioners, who are accused Nos.37 and 38 in Crime No.111 of 2011 of C.B.C.I.D., H.H.W.II, Ernakulam for offences punishable under Sections 366-A, 354, 376(ii)(g), 506(i), 342 and 202 read with Section 34 I.P.C., seek their enlargement on bail. The petitioners were arrested on 11.06.2011. 2. The learned Public Prosecutor opposed the application contending inter alia that this is the notorious North Paravur gang rape case in which the 16 year old girl was continuously subjected to rape by several persons totalling to 150 and the petitioners had ravished her in a resort at Varkala. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioners, the relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioners, 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 petitioners are released on bail, they will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioners making B.A. No. 4876/2011 2 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. rv