IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3846 of 2009() ----------------------------- CRIME NO.304/2009 OF PONNANI POLICE STATION .................... PETITIONER : 4TH ACCUSED ------------------------------------------ MOHANAN, AGED 50 YEARS, S/O.CHOZHIKUTTY, CHALIL HOUSE,PARATHUR, NARIKUNI, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): --------------- C.I.OF POLICE, PONNANI POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2009, ALONG WITH BA NO.3905 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.Nos.3846 & 3905 of 2009 ------------------------------------ Dated this the 20th day of July, 2009 ORDER Bail Application No.3846 of 2009 is filed by accused No.4 and Bail Application No.3905 of 2009 is filed by accused Nos.2 and 6 in Crime No.304 of 2009 of Ponnani Police Station, under Section 439 of the Code of Criminal Procedure. 2. The offences alleged against the accused persons are under Sections 4, 5 and 7 of the Immoral Traffic Prevention Act and Sections 376(g) and Section 366A of the Indian Penal Code. 3. The date of occurrence was on 1.7.2009 at Kalady near the KSRTC workshop. The place is a lonely place. At 4.45 A.M., the accused persons were arrested from the spot by the police. The allegation is that two minor girls belonging to Calcutta, who were working in Bangalore, were brought to Kerala by the accused Nos.3 and 4 with the help of the seventh accused. They were taken to different places under threat and were subjected to sexual intercourse by several persons including some of the accused persons. On 1.7.2009, they were forcibly taken to the place of occurrence and they were raped by the accused persons inside the car. 4. Learned counsel appearing for the petitioners submitted BA Nos.3905 & 3846/2009 2 that there is nothing on record to connect the accused persons with the offence and that there is no allegation that accused No.4 committed rape. 5. I have gone through the case diary and I have perused the statements made by the victims. Prima facie, I am not inclined to accept the contentions put forward by the learned counsel appearing for the petitioners. 6. Learned public prosecutor submitted that if the petitioners are released on bail, there is every likelihood of the evidence being tampered with and the investigation being prejudicially affected. Learned public prosecutor pointed out that the persons involved in the offence are influential and powerful people and that they may intimidate and influence the witnesses. 7. I am inclined to accept the contentions put forward by the learned public prosecutor. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioners and others, I do not think that it is proper to release the petitioners on bail at this stage. The Bail Applications are accordingly dismissed. K.T.SANKARAN, JUDGE csl