IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Bail Appl..No. 4910 of 2010() ----------------------------- CMP.874/2010 of J.M.F.C.-I, ALUVA CRIME NO.380/2010 OF CHENGAMANAD POLICE STATION .................... PETITIONERS/ACCUSED NOS.1,2 AND 3 --------------------------------------- 1. RAGHU, S/O.NADARAJAN, RESIDING AT LAKSHMIPRIYA HOUSE, NANDIYODU KARA, PALAKKAD DISTRICT. 2. RAJAN, S/O.BALAN, AGED 30 YEARS, MUTHAMTHODU, VILAYODU P.O., PERUMATTI, CHITTOOR, PALAKKADU DISTRICT. 3. PRASAD, S/OS.RAMANKUTTY, AGED 24 YEARS, KALARICKAL HOUSE, VAVAKODU, PERUMATI, CHITTOOR, PALAKKADU DISTRICT. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.S.ASHOK KUMAR. SRI.NOEL JOSEPH SRI.M.B.SANDEEP SRI.K.V.REJANEESH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY S.I. OF POLICE, CHENGAMANADU POLICE STATION, ERNAKULAM BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Bail Application No.4910 of 2010 * * * * * * * * * * * * * * * * * * * * * Dated:3rd day of September, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in Crime No. 380/2010 of Chengamanadu Police Station for offences punishable under Sections 188, 366 and 452 read with 34 IPC, seek their enlargement on bail. The occurrence took place on 14.7.2010. The 3rd petitioner was arrested on 14.7.2010 and petitioner Nos.1 and 2 surrendered before the Magistrate on 31.7.2010. 2. The application was opposed on behalf of the prosecution. 3. Having regard to the nature of the allegations levelled against the petitioners, the relative conduct of the parties, the nature of the injury sustained and the other facts and circumstances of the case, 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 themselves scarce and fleeing from justice. Considering the fact that the offence was committed at a time, when the matter was sub judice before the Division Bench of this Court in Habeas Bail Application No.4910 of 2010 2 Corpus proceedings filed by the girl's father as W.P.C(Crl.) No.231/2010 and also considering the orders passed by the Division Bench, I am not inclined to grant bail to the petitioners at this stage. This petition is accordingly dismissed. V. RAMKUMAR, (JUDGE) dmb