IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 8260 of 2011() ----------------------------- CMP.2029/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM Crime No.756 of 2011 of Kothamangalam Police Station. .................... PETITIONER/30TH ACCUSED : --------------------------- ABDUL SALAM, AGED 29 YEARS, S/O.ALIYAR, RESIDING AT KANJIRAKKATTUKUDY COMPANYPPADY BHAGAM, NELLIKKUZHI KARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM VILLAGE, ERNAKULAM DISTRICT, PIN-686 691. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT: STATE AND DEFACTO COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY DY.SUPERINTENDENT OF POLICE, CRIME DETACHMENT, ALUVA, (INVESTIGATING OFFICER IN CRIME NO.756/2011 OF KOTHAMANGALAM POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, SHANMUGHAM ROAD, ERNAKULAM, COCHIN-682031. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8260 of 2011 ---------------------------------------------- Dated this the 25th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.30 in Crime No.756 of 2011 of Kothamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 366A, 372, 373, 376 and 376(2)(f) read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3. The allegation is that the victim, a minor girl, who belongs to a very poor family was sexually exploited by several persons at different places in and around Kothamangalam. The girl was exploited taking into account her impecunious circumstances and helplessness. 4. The allegation against the petitioner is that he permitted accused No.28 to rape the victim girl in a room in the building taken on rent by the petitioner. It is alleged that after the girl and accused No.28 went inside the room, the room was locked from the outside. After committing the Bail Appln.No.8260/2011 : 2 : offence, accused No.28 contacted the petitioner (accused No.30) and asked him to open the door. The allegation is that thereafter he opened the door. The petitioner was arrested on 29/09/2011. 5. The investigation is going on. If the petitioner is released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. If the petitioner is released on bail, it is most likely that he would try to influence or intimidate the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj