IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6074 of 2010()
1. K.V.SANTHOSH, AGED 39 YEARS,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
2. THE STATE OF KERALA, REP. BY
For Petitioner :SRI.MURUGAN P.V.
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :04/10/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 6074 of 2010
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Dated: 4th October, 2010
ORDER
Petitioner who is the sole accused in S.C. No. 398 of
2010 of Assistant Sessions Judge, Hosdurg for an offence
punishable under Sec. 376 I.P.C. seeks his enlargement on
bail. The petitioner was arrested on 10-4-2010.
2. The application was opposed on behalf of the
prosecution contending inter alia that the victim in this case is
none other than the 7 = year old daughter of the petitioner
and that medical evidence will clearly show that the prosecution
case is true. He also submitted that the de facto complainant is
none other than the wife of the accused and was staying
along with the accused and their two daughters and the case of
the petitioner that the petitioner’s wife had fallen apart and
living separately from the petitioner, is not true.
Bail Application No. 6074 of 2010 -:2:-
3. Having regard to the nature of the allegations levelled
against the petitioner, the relative conduct of the parties, the
nature of the injury sustained and the other facts and
circumstances of the case, if the petitioner is released on bail,
he will definitely influence and intimidate the prosecution
witnesses. There is also the likelihood of the petitioner making
himself scarce and fleeing from justice. I am, therefore, not
inclined to grant bail to the petitioner at this stage.
This petition is accordingly dismissed.
Dated this the 4th day of October, 2010.
V. RAMKUMAR, (JUDGE)
ani.