IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 5796 of 2011() ----------------------------- CRIME NO.756/2011 OF KOTHAMANGALAM POLICE STATION .................... PETITIONER (S): 10TH ACCUSED -------------------------------------- YUNAS, AGED 23 YEARS,S/O.HASSANAR RESIDING AT AMABALTHUMPARAMBIL HOUSE, POOWTHOOR KARA, NELLIKKUZHY, ERAMALLOOR VILLAGE KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION(INVESTIGATING OFFIER IN CR NO.756/2011 OF KOTHAMANGALAM POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, SHANMUGHAM ROAD, ERNAKULAM,COCHIN 682 031. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2011, ALONG WITH BA NO.5809 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5796 of 2011 & B.A.No.5809 of 2011 --------------------------- Dated this the 28th day of July, 2011 O R D E R These Bail Applications are filed by Yunas (accused No.10) and Najeeb @ Najas (accused No.26) in Crime No.756 of 2011 of Kothamangalam Police Station. 2. The crime was registered for the offences under Sections 366A, 372, 373, 376, 376(2)(g) and 354 IPC and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The victim is aged below 16 years. The allegation is that while she was studying in 8th standard, a few students in the school sexually exploited her. Some of them introduced the girl to others and the illegal activities continued. Several persons are involved in the offence. The girl was taken on several occasions from her residence and she was sexually abused in parked cars, in moving cars, in autorickshaws, in a BA 5796 & 5809/2011 2 quarry and in the parking ground of Revenue Tower, Kothamangalam. A perusal of the case diary shows that the parking ground of the Revenue Tower, Kothamangalam, was found to be a safe place by several accused persons to commit the offence against the victim girl. 4. The allegation against Yunas is that he was driving an Indica car in which accused No.9, Azeez, took the girl and while the car was being driven, the girl was raped. The allegation against Najeeb @ Najas is that he drove the car in which one Becker went to the house of the victim, took her in the red Indica car and it was parked at the parking ground of the Revenue Tower, Kothamangalam and Becker sexually exploited the girl. It is also alleged that Najeeb @ Najas (accused No.26) waited outside the car to see whether any third party was coming to that place. It is alleged that Najeeb @ Najas facilitated the commission of offence by Becker. 5. Yunus was arrested on 12.7.2011 and Najeeb @ Najas was arrested on 4.7.2011. They are in judicial custody now. They seek bail. BA 5796 & 5809/2011 3 6. The investigation is in progress. Several persons are involved in the offence. All of them have not been arrested. It is stated by the learned Public Prosecutor that the victim girl is pregnant now. The father of the victim is Muhammedali, accused No.12. He is a coolie. He was also responsible for the girl being procured and exploited by several people. The investigation revealed that pittance of amounts was being given to the father of the victim for taking the girl to various places under the promise that Churidars, bags, books and other items would be purchased for the girl. Prima facie, it is clear that the poverty of the girl was exploited. The victim's brother is staying in the Yathimkhana at Chavakkad. If accused Nos.10 and 26 are released on bail at this stage, it would adversely affect the proper investigation of the case. It is most likely that they would intimidate and influence the witnesses and tamper with the evidence. The allegations levelled against the accused persons would indicate that there was a close nexus among the accused persons in the matter of exploitation of the girl. If some of them are released on bail, it would adversely affect the proper investigation of the case. BA 5796 & 5809/2011 4 7. It is seen from the case diary that the Revenue Tower, Kothamangalam and the parking ground therein was used by several accused persons for the alleged commission of the heinous crime. How that place was available to the accused is not known. A public place owned by the Government should not be available to the accused for their illegal and heinous activities. The Government would take serious note of the same and take appropriate action against the persons who are responsible for making available the Revenue Tower and the parking ground therein for these activities. 8. Copy of this order shall be sent to the Chief Secretary to the Government for appropriate follow up and action. For the aforesaid reasons, the Bail Applications are dismissed. K.T.SANKARAN JUDGE csl