IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Bail Appl..No. 6777 of 2009() -------------------------------------- CRIME NO.666/2009 OF KASARAGOD POLICE STATION, KASARAGOD. PETITIONER/5TH ACCUSED: ------------------------------------------ KOLIYADUKKAM AYISHA @ T.K.AYISHA, AGED 48 YEARS, D/O.THURUTHI KHADER, KOLIYADUKKAM LAKSHAM VEEDU COLONY, KOLIYADUKKAM, PERUMBALA GRAMAM. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS/COMPLAINANT: ------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION (CRIME NO.666 OF 2009), KASARAGOD SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2009 ALONG WITH B.A.NO.6880/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 6777 & 6880 of 2009 ------------------------------------ Dated this the 24th day of November, 2009 O R D E R B.A.No.6777/2009 is filed by accused No.5 (Koliyadukkam Ayisha @ T.K. Ayisa) and B.A. No. 6880/2009 is filed by accused No.3 (Ameer K.M.) in Crime No.666/2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 366A, 376, 506, 511 of 376 and 109 read with Section 34 of the Indian Penal Code and Sections 3(1)(xi)(xii) and 3(2)(v) of the Scheduled Caste/Scheduled Tribe Prevention of Atrocities Act. 3. The victim is a girl below the age of 16 years. She belongs to a Scheduled Tribe. She hails from an interior place in Karnataka State. Her father is no more. Her mother is engaged in Coolie work. The family of the victim came to Kasaragod in search of employment. They came to the hands of the 5th accused Koliyadukkam Ayisha @ T.K. Ayisha. The Victim girl was brought to the house of Jasmine, the daughter of Ayisha as a maid servant. There are materials to indicate that in the house B.A. Nos. 6777 & 6880 of 2009 2 of Jasmine and Ayisha, persons, both men and women, used to visit. 4. The victim was once taken to Mangalore by Ayisha and Ameer, the 3d accused. They stayed in a lodge. While going to Mangalore, an unidentified person boarded the car. At Mangalore, Ayisha and Ameer put the victim in a room and the unidentified man was allowed to remain in that room. He tried to have sexual relationship with the girl. She did not agree. The attempt to commit rape also did not succeed. 5. The girl was taken back to Kasaragod. Again, on another date, she was taken to Mangalore. By that time, Ayisha had gained acquaintance with a chronic bachelor, by name, Ravi Raj Bhat, accused No.6. After taking the girl to Mangalore, she was forced to remain with Ravi Raj Bhat in a room. Ravi Raj Bhat committed rape on the victim 6. Successive incidents of rape continued. Ayisha, Jasmine, Ameer and others enjoyed in the misery of the girl and they could make money by subjecting the victim girl to the atrocities at the hands of influential and powerful persons. 7. T.K.Ayisha was arrested on 7/10/2009 and B.A. Nos. 6777 & 6880 of 2009 3 Ameer K.M. was arrested on 23/9/2009. They are in judicial custody. They seek regular bail. 8. The investigation is not over. Accused Nos.7 and 8, who are also the persons alleged to have committed rape on the victim, have not been arrested. Very many material facts and evidence are to be collected in the process of investigation. 9. The learned Public Prosecutor submitted that if the petitioners are released on bail, it would adversely affect the smooth and proper investigation of the case. 10. The petitioners belong to Kasaragod. The victim has nobody to help in Kasaragod. She is poor. She belongs to a Scheduled Tribe. If the accused persons are released on bail, there is every likelihood that they may tamper with the evidence and intimidate the victim and other witnesses. I am of the view that the petitioners should not be permitted to do so. Therefore, I am not inclined to grant bail to the petitioners at this stage. Bail Applications are accordingly dismissed. K.T. SANKARAN, JUDGE scm