IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Bail Appl..No. 7411 of 2008() ----------------------------- CRIME NO.452/08 OF MUKKOM POLICE STATION PETITIONER/8TH ACCUSED ------------------------------------------ JAFAR @ KUNHIPPA, S/O.MUHAMMED, POOLAKKAL KALATHINGAL HOUSE, VAKKALOOR, KAVANNOOR AMSOM. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): COMPLAINANT AS STATE ----------------------------------- 1. THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION 2. THE STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM COCHIN-682031. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7411 of 2008 ----------------------------------------- Dated this the 9th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 366(A), 372 and 376 of the Indian Penal Code. According to prosecution, a girl, aged 13 years, was subjected to rape by various persons with the connivance and aid of her own mother and step-father, who are accused 1 and 2. petitioner is 8th accused and the allegations against him is that he told 7th accused that a girl is available with second accused and she can be procured if Rs.2,000/- is given and thereafter, he arranged the girl through second accused. The victim and second accused came in an auto rickshaw and got into the car driven by 8th accused. 7th accused committed rape on the child from the car. 3. Learned counsel for petitioner submitted that petitioner is only a driver of the car and he has no role in the offence and he is in custody from 17.10.2008 onwards and he may be granted bail, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the alleged victim is only 13 years and if petitioner is granted bail at this stage, it is likely that the child will BA.7411/08 2 be influenced or intimidated and evidence will be tampered with. It is also submitted that 8th accused had received remuneration also for arranging the girl and given it to second accused and it cannot be said that he is only a mere driver. The investigation is not yet over. Several accused are yet to be arrested. 5. On hearing both sides, considering the stage of investigation and the likelihood of petitioner in influencing or intimidating witnesses or tampering with evidence, I am not inclined to grant bail to petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE vgs.