IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5772 of 2008() ----------------------------- (CRIME NO.400/2008 OF MATTANNUR POLICE STATION) APPLICANT/ACCUSED NO.12 ---------------------------------------- V.C.RAVEENDRAN, S/O. BHASKARAN, VALIYAL CHERIYATH HOUSE, KOLIMOOTTA, PARASSINAKKADUV BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I.OF MATTANNUR, POLICE STATION. BY PUBLIC PROSECUTOR SRI.C.K.SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No.5772 of 2008 ------------------------------------------------ Dated this the 19th day of September, 2008. ORDER Petition for bail. 2. This is the second petition for bail. The alleged offences are under Sections 354, 366(A), 376(g), 109, 120B read with Section 34 of IPC. Petitioner is the 12th accused in the crime. According to prosecution, petitioner is the Manager of the “Thai resort” in Parassinikkadavu. With his assistance, connivance and in conspiracy with the victim's father and others, the victim, who is aged only 15 years was subjected to rape by various people in the petitioner's resort in room nos.101 and 104 on different occasions. Rape was committed on the child by accused 2 to 6 and 9 to 11. On a complaint filed by the girl, the crime was registered. 3. Learned counsel for the petitioner submitted that the petitioner is in custody for the past 70 days. The charge-sheet has been laid and hence petitioner's detention may not be [B.A.No.5772/06] 2 required for the purpose of investigation. The petitioner cannot influence the victim, who is now in the custody of Vanitha Commission and petitioner is prepared to abide by any condition and hence bail may be granted to him, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that various facts were brought to the notice of this Court at the time of hearing of B.A.No.4744 of 2008 and those are stated in detail in the order dated 18.8.2008. Petitioner's involvement is revealed by the various statements given by the alleged victim and particularly bu another person who is residing in the neighbourhood of the Resort. If the petitioner is released on bail he is likely to influence the witnesses and it will adversely affect the trial of the case. The records disclose a heinous crime having been committed on a girl who was only aged 12 years, at the time when rape was committed on her by none other than her father. She was thereafter sold to various persons by the father, with the active connivance and aid of the petitioner, who has been abetting the crime, it is submitted. 5. On hearing both sides, I find that the possibility of the alleged victim being influenced or intimidated by the petitioner [B.A.No.5772/06] 3 cannot be ruled out, if the petitioner is released on bail. Even if conditions are imposed, it may not be much help to prevent the mischief. There will be some difference, if the petitioner is in jail or if is out. To ensure a fair trial, it is necessary that the victim is kept in an atmosphere, free of threat or influence by the petitioner. There is no point in conducting a farce of a trial, after allowing the victim or witnesses to be forced to deviate from their statements, under threat or influence, which ordinarily occur in cases of this nature. 6. I am satisfied that this is not a fit case to grant bail to the petitioner. The Magistrate concerned is directed to expedite the committal of the case and thereupon, learned Sessions Judge shall also take all expeditious steps for the disposal of the case, without delay. Petition is dismissed. K. HEMA, JUDGE. Krs.