IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 7058 of 2011() ----------------------------- CRIME NO.346/2011 OF NORTH PARAVUR POLICE STATION .................... PETITIONER/ACCUSED ---------------------------- JASPAL @ KUTTAN, AGED 38 YEARS, S/O.SHANMUGHAN, THAIPARAMBIL VEEDU, NEAR PATHAM PIUS CHURCH, AMBALAPUZHA BEACH VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.RAJ MOHAN R.PILLAI SRI.P.BANI RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, NORTH PARAVUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.346 OF 2011 OF NORTH PARAVUR POLICE STATION). PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7058 of 2011 --------------------------- Dated this the 2nd day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.156 in Crime No.346 of 2011 of North Paravur Police Station. 2. The offences alleged against the accused are under Sections 366-A, 354, 372, 373, 376 (2) (g), 506 (i), 342 and 202 read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The gist of the prosecution case is the following: The victim, a girl aged below 16 years, was taken to several places within the State and in the neighbouring States under force and threat and she was compelled to have sexual intercourse with several persons against her will and without her consent for the period from 3-5-2010. The First Information BA 7058/2011 2 Statement was given by the victim on 7-3-2011. The father of the victim is a real estate broker and a person who supplies junior artists to film makers. On 3-5-2010, the victim was taken by her father to a hotel at Panampilly Nagar, Ernakulam, stating that they had to meet ‘film people’. After leaving the victim in the room in the hotel, father of the victim left the place. The victim was raped by the man who was in the room. Thereafter, on that date and on the following days, she was taken to several places in and around Ernakulam city, Mysore, Ooty, Thiruvananthapuram, Kannur, Chalakkudy, Athirappilly, Munnar, Bangalore, Thrissur, Mapranam, Coimbatore etc. On 1-1-2011, the father of the victim took her to Coimbatore and entrusted her to a man and woman. They took the victim to a house where she was locked. She was subjected to forceful sex by twelve persons who visited the house. The victim escaped from that house and after reaching her native place, she disclosed the matters to her paternal uncle and other relatives. They advised the victim to inform the matter to the police. 4. The allegation against the petitioner is the following : BA 7058/2011 3 Accused No.155 Ismail procured the victim girl with the assistance of accused No.1 Sudheer (father of the victim) and took the girl to Pathanapuram where shooting of a telefilm was taking place. The girl was taken to a house taken on rent for the shooting purposes and she was sexually exploited by the petitioner, who was the director of the telefilm. The petitioner was arrested on 2.8.2011 and he was remanded to judicial custody. 5. The investigation is in progress. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is also likely that the petitioner may influence or intimidate the prosecution witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. The learned counsel for the petitioner submitted that the father of the petitioner (T.V.Shanmugham) was admitted in the Medical College hospital, Alappuzha and that he continues to be in the hospital. The petitioner wants to see his father in the BA 7058/2011 4 hospital. The petitioner shall be taken from the jail to the Medical College hospital, Alappuzha on 7th September, 2011. He should be taken back to the jail on that day itself. Sufficient safeguards should be taken while the petitioner is taken to the hospital till he is brought back to jail. A copy of this order shall be produced before the Superintendent of jail where the petitioner is detained. K.T.SANKARAN JUDGE csl