IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Bail Appl..No. 3406 of 2010() -------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.357/2010 Dated 25/01/2010 ........................................... (CRIME NO.258/09 OF SREEKANDAPURAM POLICE STATION, KANNUR) PETITIONERS: --------------------- 1. RAGESH, AGED 25 YEARS, S/O.SIVAN, IVALAPPIL HOUSE POTHUKUNDU, NADUVIL PO NADUVIL AMSOM, TALIPARAMBA TALUK KANNUR DISTRICT. 2. RATHEESH @ KOSHI, AGED 26 YEARS MANJALATHUPARAMBIL HOUSE KIZHAKKEKAVALA, NADUVIL PO NADUVIL AMSOM, TALIPARAMBA TALUK KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): ---------------------- STATE THROUGH SHO SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3406 of 2010 ------------------------------------ Dated this the 8th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 376 and 366(A) read with Section 34 of the Indian Penal Code. According to prosecution, a minor girl aged 15 years was raped by petitioners (A9 and A11) and various other persons in the locality. 3. Petitioners were arrested on 28.04.2010 and they are in custody for the past 41 days. Learned counsel for petitioners submitted that accused nos. 1, 4, 5 and 6 granted bail by this court as per Annexure-1 order. 5. This petition is opposed. Learned Public Prosecutor submitted that the victim is aged only 15 years and she was raped by several persons by exploiting her retarded mental condition. It is true that co-accused are granted bail as per Annexure-1 order, but they were in custody for about two months. 6. On hearing both sides, considering the various facts, I B.A. No. 3406 of 2010 2 am not inclined to grant bail to petitioners at this stage. This petition is dismissed. K. HEMA, JUDGE ln