IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 7462 of 2008() ------------------------------------------ (CRIME NO.400/2008 OF THE MATTANNUR POLICE STATION) .................... PETITIONER/ACCUSED NO.10: ---------------------------------------------- C.P.RAJEESH, S/O.PADMANABHAN, AGED 31 YEARS, MADAYAN'S HOUSE, MORAZHA, BAKKALAM. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, MATTANNUR POLICE STATION. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). BY PUBLIC PROSECUTOR MR. C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/02/2009 ALONG WITH BA NO. 7937 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. Nos. 7462 and 7937 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of February, 2009 O R D E R Petitions for bail. 2. The alleged offences are under sections 354, 366A, 376 (g) of IPC. According to prosecution, 1st accused who is the father of the victim (aged 12 years) committed rape on her and when she became 15 years, she was taken to various persons by him and she was committed rape by them also. Petitioners, who are accused 10 and 6 respectively, are some of such persons. 3. Petitioners were arrested on 8-7-2008 and they are in custody since then. Learned Public Prosecutor submitted that trial in these cases already commenced and by a detailed order dated 17-10-2008 in B.A. no.5851/2008 etc., bail applications filed by other accused were dismissed. A direction was also given to the trial court to take steps immediately for trial and dispose of the case. Accordingly, the case was taken up for trial and it now stands posted for arguments to 18-2-2009. If at this stage, petitioners are granted bail, it will result in miscarriage of justice, it is submitted. 4. Learned counsel for petitioners submitted that petitioners are in custody from 8-7-2008 onwards. Therefore, they may be granted bail, it is submitted. BA 7362/09 & con. case -2- 5. On hearing both sides, considering the various facts and circumstances, which are dealt with by this court in the earlier order in the application for bail referred above, I am satisfied that granting of bail to petitioners at this stage, will result in miscarriage of justice and it will not be possible to conclude the trial, in case petitioner absconds. There is every chance for petitioners to abscond, especially since learned Public Prosecutor submitted that there is ample evidence against the accused in these cases. Petitions are dismissed. K.HEMA, JUDGE. mn.