IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Bail Appl..No. 5382 of 2008() ----------------------------- CRIME NO.445/06 OF THOPPUMPADY POLICE STATION PETITIONER (S): ACCUSED: ---------------------------- M.USMAN, S/O.LATE MOHAMMADALI, AGED 47 YEARS, MALAYIL HOUSE, CHETTIPADI P.O., PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5382 of 2008 ------------------------------------------------- Dated this the 7th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420, 342 and 376 IPC. According to prosecution, accused in furtherance of common intention allegedly cheated two women promising to get employment abroad. The first accused took Rs.10,000/- each from the women and the 5th accused, who is the petitioner herein, arranged visa through the second and the third accused in Gulf country. He also made arrangements for the alleged victims to go abroad. On reaching there, the second and the third accused wrongfully confined them in a room and committed rape on them. They were also raped by other persons and the victims approached the Indian Embassy and they managed to come back to India and lodged a complaint. 3. Learned counsel for the petitioner submitted that no allegations are made against the petitioner. No offence is made out against the petitioner. All allegations are made against the BA No.5382/08 2 first accused and hence, he may be granted anticipatory bail. 4. Learned public prosecutor opposed this bail application vehemently and submitted that the offence committed is heinous in nature. The petitioner has direct knowledge about the persons who have committed rape on the victims in this case, but, only the names of those persons are revealed, without the details. Those are yet to be disclosed by the petitioner. There are many materials within the exclusive knowledge of the petitioner which can be ascertained only by interrogation by the police. The petitioner is the person who arranged visa and also made arrangements for the women to go abroad. He had direct connection with the persons abroad. If he is granted anticipatory bail, it will adversely affect the investigation, it is submitted. 5. On hearing both sides, on considering the serious nature of offence allegedly committed and also the nature of investigation required, I find that it is not fit and proper to grant anticipatory bail to the petitioner. The crime is registered as early as on 15.11.2006, and two years have elapsed and the petitioner could not arrested so far. BA No.5382/08 3 Hence, petitioner is directed to surrender before the Investigating Officer within ten days from today and co-operate with the investigation and make himself available for interrogation by the police. With this direction, this petition is dismissed. K.HEMA, JUDGE csl