IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 3582 of 2009() ----------------------------- CRIME NO.118/2009 OF KALPETTA POLICE STATION .................... PETITIONER/ACCUSED NO.1 & 2 ------------------------------------------- 1. U.A.HASHIM ALI, AGED 26 YEARS, S/O.ABDUL KHADER, UDINOOR HASSANKADE HOUSE, PADANNA POST, HOSURG TALUK, KASARAGOD DISTRICT. 2. L.K.MUSTAFA, AGED 34 YEARS, S/O.KUNHAMMED, SHAMEENA MANZIL, PADANNA POST, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.118 OF 2009 OF KALPETTA POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3582 of 2009 ------------------------------ Dated this the 7th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.1 and 2 in Crime No.118 of 2009 of Kalpetta Police Station. 2. The offences alleged against the petitioners are under Sections 366A, 342, 372, 373, 376(g) and 377 read with Section 34 of the Indian Penal Code. 3. I have perused the case diary. 4. The gist of the prosecution case is that the victim, who is a girl aged 17 years, came to Calicut on invitation of her lover Jithu (3rd accused). They took a cool drink from a cool drink stall. Thereafter, the third accused did not turn up. The first accused enticed her and took her to Mangalore where she was raped by him. The first accused allowed other persons also to commit rape on her. The petitioners were arrested on 17.5.2009 and they are in judicial custody. 5. Learned public prosecutor opposed the application for bail. He submitted that if the petitioners are released on bail at this stage, it would affect the proper investigation of the case. The investigation of BA No.3582 /2009 2 the case is not completed. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the present stage of investigation, I do not think that the petitioners can be released on bail at this stage. If the petitioners are released on bail, it is most likely that they may try to intimidate or influence the witnesses. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl