IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Bail Appl..No. 7513 of 2008() ----------------------------- CRIME NO.400/2008 OF MATTANNUR POLICE STATION PETITIONER (S): ACCUSED 3:- -------------------- KODIKANDY HARIS,S/O. KADER, AGED 37 YEARS, KODIKKANDY HOUSE, P.O. KALLYATTU KALLAYATTUPARAMBA, KANNUR DIST. BY ADV. SMT.K.K.CHANDRALEKHA SRI.GOPAKUMAR G. (ALUVA) RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE, MATTANNUR POLICE STATION, MATTANNUR. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.K.SURESH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7513 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January,2009 O R D E R Petition for bail. 2. The alleged offence is under section 376 IPC. According to prosecution, a minor girl aged 12 years was raped by her own father. Thereafter, he started selling the girl to various persons and they committed rape on her. Father also made money out of this. Petitioner is one of the persons who committed rape. He was also taking the girl along with the father to various placed for the purpose of the offence. Petitioner is 3rd accused. 3. Learned counsel for petitioner submitted that petitioner was arrested on 8-7-2008 and he is in custody since then. Statement recorded under section 164 Cr.P.C. of the alleged victim does not implicate petitioner except that he was the driver of the vehicle. Hence, bail may be granted, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that statement under section 164 Cr.P.C. produced as Annexure-A in this case along with this petition is incomplete one and pages are missing. As per the original statement, the child has implicated petitioner specifically and BA 7513/08 -2- spoken regarding the rape committed on her by petitioner. It is also pointed out that bail application of various other accused were dismissed by this Court and direction was given to expedite the trial. Accordingly, the case has been posted for trial and summons were already issued. At this stage, if bail is granted, petitioner is likely to abscond and also influence or intimidate witnesses. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and at this stage of trial, if bail is granted, it will not ensure a fair trial, since petitioner is likely to influence or intimidate witnesses. It may also be likely that petitioner may abscond. Taking note of the fact that case is already scheduled, I am not inclined to grant bail to petitioner at this stage. This petition is dismissed. K.HEMA, JUDGE. mn.