IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 Bail Appl..No. 5245 of 2008() ----------------------------- CRMP.2327/2008 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.685/08 OF KUNDRA POLICE STATION PETITIONER : ACCUSED ------------------------ SARAVANAN, AGED 34, S/O.CHOCKALINGAM, 38/333, KRISHNA VILASAM, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAKRISHNA PILLAI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, COCHIN. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5245 of 2008 ----------------------------------------- Dated this the 22nd August, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 376 of Indian Penal Code. According to prosecution, the de facto complainant, who is aged 17 years, was raped by her own father and his brother on several occasions, when she was aged only 15 years. An attempt of rape was made by petitioner also on her. Petitioner is a friend of her father. On a complaint given by her, a crime was registered against the victim's father, father's brother and also the petitioner. 3. Learned counsel for petitioner submitted that there was only an attempt, as per the allegations made in the first information statement and it is seen from the First Information Statement that the girl was sleeping with the wife of the petitioner when the attempt was made. It was at that time that the petitioner allegedly attempted to rape the girl. The petitioner is in custody from 22.7.2008 onwards. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the case diary reveals that it is a case of an unfortunate victim who was raped by her own father who married again after her mother's death, and this was continuing for BA.5245/08 2 some time ever since she was 15 year old, when she was studying in the X standard. This fact was disclosed to her father's brother. Later, he also started committing rape on her, and she was threatened not to divulge the fact to anybody. After she completed Plus-2, she was taken by her father to Thiruvananthapuram. They stayed in a lodge and from there also she was attempted to be raped. During her stay there, she went with her father's friend (the petitioner herein) and his family for shopping. But, her father abandoned her and she was forced to go with the petitioner and during that night, the petitioner approached her and made an attempt to commit rape on her. The investigation is at the preliminary stage and if petitioner is released on bail, it will affect the investigation, it is submitted. 5. On hearing both sides, considering the nature of allegations made and the stage of investigation, I am satisfied that it may not be fit to grant bail to the petitioner at this stage. This petition is dismissed. K.HEMA, JUDGE vgs.