IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Bail Appl..No. 5534 of 2011() ---------------------- (CRIME NO.58 OF 2011 OF WEST POLICE STATION, ALUVA) PETITIONER/ACCUSED. --------------------------------------- ALBY, AGED 18 YEARS, S/O.AVARACHAN, ENJIKAL HOUSE, ALANGAD, ALUVA. BY ADV. SRI.SAJAN MANNALI RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE ASSISTANT SUPERINTENDENT OF POLICE, ALUVA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5534 OF 2011 --------------------------------- Dated this the 14th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 4th accused in Crime No.58 of 2011 of the West Police Station, Aluva. 2.The offences alleged against the petitioner are under Sections 366-A and 376 (2) (g) of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.The prosecution case is that the 1st accused pretended love to a girl belonging to Scheduled Caste and who is aged only 16 years and took her on 25.12.2010 to Cherai beach, gave her a new churidar and ice-cream and thereafter took her to an uninhabited house and sexually abused her. Accused Nos.2 to 4 came to the scene as if they B.A.No.5534 OF 2011 2 saw the incident and they also demanded sexual relationship with the girl. The allegation is that accused Nos.2 to 4 also raped the victim. The further allegation is that at the instance of the 1st accused, the girl was sexually abused by around 150 persons. 4. The petitioner was arrested on 17.5.2011 and he was remanded to judicial custody. His Bail Applications were dismissed by the Magistrate's Court as well as the Sessions Court and also by this court on an earlier occasion. 5. The learned Public Prosecutor submitted that the regular Bail Applications filed by the 3rd accused were also dismissed by this court on two earlier occasions and the prayer for bail by the 1st accused was dismissed by this court even on the 87th day of his arrest. 6. The investigation is going on. If the petitioner is released on bail at this stage, it is most likely that he would influence the prosecution witnesses and tamper with the evidence. It is also likely that he would make himself scarce. B.A.No.5534 OF 2011 3 The absence of the petitioner from 25.12.2010 to May, 2011 from the place of his residence is also a relevant factor to be taken note of in this regard. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE cms