IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 7799 of 2011() ----------------------------- CRMP.10050/2011 of IV ADDL. DISTRICT COURT, ERNAKULAM CRIME NO.843 OF 2011 OF ANCHAL POLICE STATION, KOLLAM DT. .................... PETITIONER/ACCUSED: -------------------- NAZAR, AGED 35 YEARS S/O.LATE ABDUL RASHEED, THEKKEKAYIKKARA PURAYIDAM SNEHATHEERAM NAGAR, MUDAKKARA, KOLLAM VILLAGE KOLLAM. BY ADV. SRI.BIMAL K.NATH SRI.SREEVALSAN.V SRI.S.JAMAL RESPONDENT(S): --------------- STATE OF KERALA REP BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7799 OF 2011 --------------------------------- Dated this the 24th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.843 of 2011 of Anchal Police Station, Kollam District. 2.The offences alleged against the petitioner are under Section 376 of the Indian Penal Code and Section 3(1)(xi) of of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.The prosecution case is that the petitioner sexually abused the victim, who belongs to a Scheduled Caste, promising to marry her. She became pregnant. However, it was revealed that the petitioner had really impersonated as Sreelal, while in fact he was Nazar. B.A.No. 7799 OF 2011 2 4. The petitioner was arrested on 3.9.2011 and he was remanded to judicial custody. 5. The investigation of the case is not over. If the petitioner is released on bail at this stage, he would intimidate or influence the prosecution witnesses and tamper with evidence. That the defacto complainant belongs to a weaker section is also to be taken note of in this regard. 6. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE cms