IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 8082 of 2011 CRIME NO.353 OF 2011 OF ADHUR POLICE STATION, KASARAGOD DISTRICT PETITIONER : ACCUSED --------------------------- E.BABU, AGED 49 YEARS, S/O.LATE ELUMBAN, R/AT LAKSHAM VEEDU COLONY, KIZHAKKEKKARA, KANATHUR, MULIYAR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, ADHUR, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY STATE PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8082 OF 2011 ------------------------------------------------------ Dated this the 11th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.353 of 2011 of Adhur Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that on 15.9.2011 at 10 A.M., while the de facto complainant was alone in her house, the petitioner went there and committed the offence. The victim is aged 44 years and she is a physically handicapped woman. The petitioner was arrested on 17.9.2011 and he was remanded to judicial custody. 4. The Bail Application is seriously opposed by the BAIL APPL. NO.8082 OF 2011 :: 2 :: State Prosecutor. He submitted that the investigation is in progress and if the petitioner is granted bail, he would intimidate and influence the witnesses and tamper with the evidence. 5. Taking into account the facts and circumstances of the case, the nature of the offence and the allegations levelled against the petitioner, I am not inclined to grant bail to the petitioner at this stage. If bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/