IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7128 of 2011() ----------------------------- CRIME NO.616/2011 OF MUESEUM POLICE STATION THIRUVANANTHAPURAM DISTRICT. PETITIONER : ACCUSED No.1: ------------------------- RAJEESH @ SHIBU, S/O.VELAYUDHAN NAIR, RAJEESH VILASOM, NARIKKAL, THENNOOR, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7128 of 2011 ---------------------------------------------- Dated this the 05th day of September, 2011 ORDER The petitioner filed Bail Application No.6286 of 2011, which was dismissed by the order dated 17th August, 2011. For the sake of convenience the order is extracted below:- “This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.616 of 2011 of the Museum Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 323, 363, 366A and 376 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: The victim girl was a minor at the relevant time. She was staying in Thiruvananthapuram in the house of another person. Her father is a Railway porter. She belongs to Kannur District. She was being looked after by the inmates of the house at Thiruvananthapuram. On 8.7.2011, she went to Thiruvananthapuram Railway Station. At that time, the first accused made acquaintance with the victim and took her to Kanyakumari. They stayed together in different lodges. She was subjected to sexual intercourse by the first accused. Later, he compelled the victim to agree to Bail Appln.No.7128/2011 : 2 : have sexual intercourse with the friend of the first accused. The victim refused. She was beaten by accused Nos.1 and 2. Later, she escaped and she went to Vatakara. She was taken to the Police Station. Since a crime was registered at Museum Police Station at Thiruvananthapuram for man-missing, intimation was given to that Police Station and accordingly, the Crime was registered. 4. The petitioner was arrested on 15.7.2011 and he was remanded to judicial custody. 5. The offences alleged against the petitioner are grave in nature. The investigation is going on. If the petitioner is released on bail at this stage, it is likely that he would intimidate or influence the witnesses and tamper with the evidence. It is also likely that he may make himself scarce. For the aforesaid reasons, the Bail Application is dismissed.” There is no change of circumstances warranting grant of bail to the petitioner at present. Investigation is not over. Accordingly, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj