IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Bail Appl..No. 2878 of 2010() ----------------------------- CMP.2956/2010 of J.M.F.C.,KASARAGOD .................... (CRIME NO.666/2009 OF KASARAGOD POLICE STATION) PETITIONER/ACCUSED --------------------------------------- ABBAS K.A. @ VETTILA ABBAS (A7), S/O. ABDUL RAHIMAN, BANKARAKKUNNU, NALLIKKUNNU, KASABA VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPAINANT ------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2878 OF 2010 -------------------------------- Dated this the 9th day of June 2010 ORDER This petition is for bail. 2. The alleged offences are under Sections 366(A), 376, 511 of 376, 506(ii), 109 r/w 34 IPC and 3(1) XI of SC/STPA Act. According to prosecution, petitioner (Accused No.7) and various others committed rape on the de facto complainant who is aged 15 years, while she was working as a maid servant of first accused. Accused No.1 to 5 took the victim to several places and committed rape on her. She belongs to Scheduled Tribe from Karnataka State. The incident happened on 27/07/2009. 3. Petitioner was arrested on 30/04/2010. He is in custody for the past 40 days. Learned counsel for petitioner submitted that it is only because of the age of the victim that the alleged act falls under rape, but, statement of the victim will reveal that there was physical contact with consent. Co-accused are granted bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that considering the serious nature of the allegations and the stage of investigation, it is not fit to grant bail to the petitioner at this stage. The co-accused were in custody for a B.A No.2878 OF 2010 2 very long time. It is also pointed out that though the incident happened on 26/07/2009, petitioner could be arrested only on 30/04/2010. 5. On hearing both sides and on considering the various facts stated above, I am satisfied that it is not fit to grant bail to the petitioner at this stage. Petition is dismissed. K.HEMA JUDGE vdv