IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Bail Appl..No. 3902 of 2009() ----------------------------- CRIME NO.479/2009 OF KASARAGOD POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ MUSTHAFA.K., S/O.AAMU, AGED 42 YEARS, KOROKKODU HOUSE, CHOORI, KUDALU VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): COMPLAINANT-STATE -------------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3902 of 2009 ------------------------------ Dated this the 17th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.479 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 376, 366A and 109 of the Indian Penal Code. 3. The prosecution case is that a minor girl, namely Fathimath Zuhra, was taken to the house of one Musthafa at Choori in Kasaragod by Vahida, a neighbour of the victim and the first accused committed rape on the minor girl. The girl has stated that Musthafa did not commit rape. But, he made arrangements in his house to facilitate commission of the offence. The crime was registered on the basis of the statement given by Fathimath Zuhra, while questioned by the police in connection with another crime, that she was raped by the first accused in the present case about 1½ months ago at his house at Choori. 4. Learned counsel for the petitioner submitted that there is nothing to connect the petitioner with the offence and therefore, he is BA No. 3902/2009 2 entitled to be released on bail. On a perusal of the Case Diary, I am not, prima facie, inclined to accept the contention of the petitioner. 5. Learned public prosecutor submitted that the investigation reveals that there is a sex racket working in Kasaragod and that about 15 cases were registered by the police. 6. In the facts and circumstances of the case, I do not think that the petitioner can be released on bail at this stage. As rightly submitted by the learned public prosecutor, if the petitioner is released on bail at this stage, there is every likelihood of the evidence being tampered with or the witnesses being influenced or intimidated, which would seriously affect the smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl