IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Bail Appl..No. 323 of 2010 CRIME NO.577 OF 2009 OF PALODE POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED -------------------------------------- RATHEESH @ MOTTA RATHEESH, S/O.MOHANAN NAIR, RATHEESH BHAVAN, KADUVACHIRA KALANKAVU, ANADU MURI, KURUPUZHA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 323 OF 2010 ------------------------------------------------------ Dated this the 27th day of January, 2010 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.577 of 2009 of Palode Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 376 and 417 of the Indian Penal Code and Section 66E of the Information Technology Act. 3. The prosecution case is that the accused subjected the de facto complainant, a widow, to forceful sexual intercourse on several occasions after compelling her to consume alcohol. It is also alleged that the accused promised to marry her, but later he manhandled her when she requested to marry her. It is also alleged that after compelling the de facto complainant to consume alcohol, her nude photographs were taken by the petitioner. He threatened to publicise the same. 4. The petitioner was arrested on 14.12.2009 and he was remanded to judicial custody. The investigation of the case is in B.A. NO. 323 OF 2010 :: 2 :: progress. The petitioner moved a Bail Application before the learned Sessions Judge, which was dismissed by the learned Sessions Judge as per the order dated 14.1.2010. The learned Sessions Judge held that if the petitioner is released on bail, he is likely to influence or intimidate the witnesses. 5. The learned Public Prosecutor submitted that the case diary would reveal the inhuman acts committed by the accused on the de facto complainant in the course of committing the offence. I have perused the case diary. Prima facie, I am inclined to accept the submission made by the learned Public Prosecutor. 6. If the petitioner is released on bail at this stage, it is most likely that he would try to tamper with the evidence and influence or intimidate the witnesses, which would adversely affect the smooth investigation of the case. For the aforesaid reasons, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed with liberty to the petitioner to move again after two weeks. (K.T.SANKARAN) Judge ahz/