PANAJI: The single judge of the High Court of Bombay at Goa, Mr Justice N A Britto refused to grant bail to John Fernandes, who is accused of raping a Russian tourist.

The applicant, John Fernandes is the prime suspect in the rape case of the 25-year-old Russian woman at Colva, following a complaint filed by her on December 2, 2009, and is presently in judicial custody.

In the FIR, it was alleged that on the night of December 1, 2009 the said John Fernandes intoxicated her by spiking her drink and raped her thereafter at Colva beach.

On February 16, 2010, the police had filed a charge-sheet against John under Section 354 (assault or use of criminal force to a woman with intent to outrage her modesty), Section 509 (word, gesture or act intended to insult the modesty of a woman), Section 376 (punishment for rape) and Section 201 (causing disappearance of evidence of offence) of the IPC.

Advocate, Mr Anacleto Viegas appearing on behalf of the accused argued that as the victim has returned to her native place in Russia, the accused should be released on bail till she returns to India to appear before the trial court for recording of evidence. Public prosecutor, Mr C A Ferreira argued that the applicant has failed to show any credible ground for grant of bail.

Moreover, Mr Ferreira argued that as there has been no change in circumstances from the date of rejection of the earlier bail application of the accused, the present application too deserves to be dismissed.