IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Bail Appl..No. 5317 of 2008() ----------------------------- CMP.3053/2008 of J.M.F.C.,PARAVUR CRIME NO.216/08 OF PUTHENVELIKKARA POLICE STATION PETITIONER: PETITIONER --------------------------- SINOJ, AGED 25, S/O.SIDHARTHAN, VELLANTHARA HOUSE, NEAR CHRISTIAN CHURCH, VELLARAMPADAM KARA, MUPPIYAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.VIVEK VARGHESE P.J. SRI.P.J.VINOD JOSEPH RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, PUTHENVELIKKARA. BY PUBLIC PROSECUTOR SHRI. C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5317 of 2008 ----------------------------------------- Dated this the 29th August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 366A, 376 and 34 of Indian Penal Code. According to prosecution, a minor girl was raped at the age of 14 years by the first accused, who is her neighbour and thereafter, she was raped by the the petitioner, who is the second accused, from the house of the first accused. The petitioner again committed rape on the victim near the house of 6th accused also, where she was taken in an auto rickshaw. From there, 7th accused also committed rape on her. Altogether, seven persons committed rape on the victim during the period 2006 and the harassment started at a time when the girl was studying in VII standard. She became pregnant and she delivered a child also recently. 3. Learned counsel for petitioner submitted that as per the statement of the girl, the name of the petitioner was stated to her by the first accused. It is also submitted that this is an offshoot of a dispute between the family members of the alleged victim and the neighbour, who is the first accused. Petitioner is innocent of the allegations made, it is submitted. Learned counsel for petitioner BA.5317/08 2 submitted that the petitioner was arrested on 20.7.2008 and he is in custody since then. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that three more accused are to be arrested in this case. There is clear evidence regarding the commission of offence by the petitioner as per the case diary. All these details are revealed in the case diary and the girl has also given a statement under Section 164 Cr.P.C implicating the petitioner. The petitioner committed rape not once, but on different dates and different places also, where the victim was taken in an auto rickshaw. The girl was kidnapped, knowing that she will be subject to sexual intercourse by another and 7th accused also committed rape on her. If the petitioner is released on bail at this stage of investigation, he will influence the witnesses or threaten her and it will affect the investigation. 5. On hearing both sides, I find that it is not a fit case to grant bail to the petitioner at this stage, since it is likely to affect investigation adversely. Petition is dismissed. K.HEMA, JUDGE vgs.