IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 4048 of 2009() ------------------------------------ CMP.1946/2009 of J.M.F.C.,KASARAGOD C.R. NO. 476/2009 OF KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED: ---------------------------------- HARIS, AGED 34 YEARS, S/O. ABDULLA, PALLIKKAL, ANANGOOR, KOLLAMPADY, KASARAGOD DISTRICT. BY ADVS. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS/COMPLAINANT & STATE ---------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.477 /2009 OF KASARAGOD POLICE STATION) KASARAGOD DIST. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4048 of 2009 ------------------------------ Dated this the 29th day of July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioner is the first accused in Crime No.476/2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 366 (A) of the Indian Penal Code. 3. The victim, Fathimath Zuhra was a minor at the relevant time. She was in the Yatheem khana, till she attained the age of puberty. Since the girl could not stay in a Yatheem Khana after she attained the age of puberty, she was taken to the house by her mother. She was living in a rented building. A neighbour by name Vahida, enticed Fathimath Zuhra and led her to several places and she was subjected to rape by about 15 persons on different dates. The petitioner is one among them. 4. The petitioner was arrested on 7.7.2009 and he was remanded to judicial custody. 5. I have gone through the Case Diary. B.A.No. 4156 of 2009 2 6. The learned Public Prosecutor submitted that the investigation is not complete and 15 other crimes were registered by the Kasaragod Police against the accused persons concerned. He submitted that, if the petitioner is released on bail at this stage, there is every likelihood of the petitioner intimidating or influencing the witnesses or tampering with the evidence. This submission deserves acceptance. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations leveled against the petitioner, I do not think that the petitioner can be released on bail at this stage. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln