IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Bail Appl..No. 6179 of 2008() ----------------------------- CRMP.2009/2008 of DISTRICT COURT, KOTTAYAM CMP.2768/2008 of J.M.F.C.,CHANGANACHERRY CRIME NO.100/CR/KTYM/08 OF KOTTAYAM CBCID PETITIONERS: ACCUSED 7 AND 8: ------------------------------------ 1. SHAN.K.DEVASIA, S/O.DAVASIA, (A7) AGED 19 YEARS, KANIYANJALLIL HOUSE, KOCHUPALLY BHAGOM, PAIPPAD KARA, PAIPPAD VILLAGE. 2. JOBY JOSEPH, S/O.JOSEPH (A8) AGED 25 YEARS, KUZHUVANTHANAM HOUSE, PAIPPAD KARA, PAIPPAD VILLAGE. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6179 of 2008 ----------------------------------------- Dated this the 17th October, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Sections 366(A), 372, 373, 376, 506(1) read with 34 of Indian Penal Code. According to prosecution, a girl, aged 14 years, was taken by her mother's cousin and she was sold to accused 2 and 3, who had given her to several other persons for gain and accused 2 and 3 were engaged in selling the girl for money to various persons. Petitioners (A7 and A8) have also committed rape on the girl from a room in a lodge in Thiruvalla. The victim died thereafter due to AIDS and Hepatitis-B. 3. Learned counsel for petitioner submitted that the petitioners are in custody from 23.7.2008 onwards for the past 86 days. Their further detention is not necessary for the purpose of investigation. All materials are already collected and hence, they may be released on bail, it is submitted. It is also submitted that other accused were granted bail. 4. Learned Public Prosecutor opposed this application and submitted that the petitioners are very influential and 2 there is clear and cogent evidence against them. The room was taken in the name of the 7th accused and he had also signed the register. There are witnesses, who have seen the girl being taken to the room etc. If the petitioners are released on bail, it will be difficult to arrest the other accused, who are involved in the offence. The petitioners are likely to influence the witnesses and tamper with evidence. It is pointed out that accused, who are granted bail only after completion of the statutory period and stringent conditions were imposed. Several matters are yet to be investigated into relating to the petitioner's involvement. Therefore, at this stage, if bail is granted, it will adversely affect the investigation, it is submitted. This is particularly so, since the victim is no more. 4. On hearing both sides, I am satisfied that if the petitioners are released on bail at this stage, it is likely to adversely affect the investigation, since there is likelyhood of their influencing witnesses and tampering with evidence. Petition is dismissed. K.HEMA, JUDGE vgs.