IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10539 of 2011() ------------------------------ CMP.4593/2011 of J.M.F.C., MANNARKAD CRIME NO.1007/2011 OF MANNARKAD POLICE STATION .................... PETITIONER : ACCUSED : ---------------------- PRASAD, AGED 21 YEARS, S/O.GOPALAN,KALLIVALAPPIL VEEDU, MYLAMPADAM,PUYYANEDAM,MANNARKKAD, PALAKKAD DISTRICT BY ADV. SRI.NIREESH MATHEW RESPONDENT: --------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION,PALAKKAD DISTRICT REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10539 of 2011 ---------------------------------------------- Dated this the 22nd day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1007 of 2011 of Mannarkkad Police Station. 2. The offences alleged against the accused are under Sections 376 & 506(i) of the Indian Penal Code and Section 3 (1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The learned Public Prosecutor submitted that the correct Section which applies to the case is Section 3(1) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 4. The victim is an Adivasi girl aged 15 years. The petitioner belongs to a higher Caste than that of the victim. It is alleged that the petitioner sexually abused the victim on various occasions, promising to marry her. However, he was not willing to marry her. The girl consumed poison and she Bail Appln.No.10539/2011 : 2 : was admitted in the hospital. It was revealed at that time that the petitioner had committed the offence. 5. The petitioner was arrested on 25/11/2011 and he was remanded to judicial custody. 6. The learned counsel for the petitioner submitted that the petitioner is aged only 21 years and no useful purpose would be served by detaining him further. 7. The victim is aged only 15 years and it is alleged that she was driven to consume poison by the acts of the petitioner. The girl is an Adivasi girl. The allegation is that she was sexually exploited by the petitioner. 8. The investigation of the case is not over. In these circumstances, I am not inclined to grant bail to the petitioner at this stage. If bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. It is likely that the witnesses would be intimidated and influenced if bail is granted to the petitioner at this stage. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj