IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Bail Appl..No. 4698 of 2008() ----------------------------- CRMP.1949/2008 IN CRIME NO.251/08 OF CHANGANACHERRY POLICE STATION .................... PETITIONER/IST ACCUSED --------------------------------------- LIZY TOMY, AGED 40 YEARS, W/O.TOMY THOMAS, MUNDAMTHARAYIL HOUSE, THALIKALLU, AYARKUNNAM P.O., KOTTAYAM. BY ADV. SRI.BIJU PONTAYIL SMT.DIJI.K.DASAN RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REP. BY THE GOVT. PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SRI.C.K.SURESH BY DGP SRI.P.G.THAMPI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2008, ALONG WITH B.A.NO.4707/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- B.A. Nos.4698 & 4707 of 2008 --------------------------------------- Dated this the 30th day of July, 2008 O R D E R These petitions are for bail. 2. Petitioner in B.A.No.4698/08 is the first accused and petitioner in B.A.No.4707/08 is the second accused in the same crime. The alleged offences are under Sections 366A, 376, 506 (I), 372, 373 and 34 IPC. Petitioners are accused nos.1 and 2. According to the prosecution, the defacto complainant's daughter is the victim in this case. She used to be taken by the first accused to her house and also to the house of the second accused and her husband, from where, the minor girl was forced to have illicit relationship with many persons on many occasions. Later, the girl died on 5.5.2008 due to AIDS. 3. Learned counsel for the first accused submitted that she is totally innocent of the allegations made. According to her, the first accused is none other than the victim's mother's cousin. It is submitted that the girl was subjected to sexual abuse by her stepfather at her house and hence, her mother entrusted the girl BA No.4698/08 2 to the custody of the first accused, for the safety of the child. The first accused's daughter was working as a maid servant in the house of the second accused. But, after her marriage, she stopped the work and hence, the first accused sent the alleged victim to the second accused's house as a maid servant. 4. This was done because the girl was in the habit of going out of the house and getting engaged in immoral activities and this was taken note of by the first accused. In spite of all the warnings by the first accused, she continued the immoral activities and hence, she warned her that she would be sent back to her own house. She was twice suspended from the school because of her loose character. After she went to the house of the second accused also, the alleged victim continued to carry on with the immoral activities, despite warning. But, after the death of the girl, the defacto complainant and her husband started going to the house of the first and the second accused and demanding money. When they refused to heed to the demands, they were threatened and thereafter, a false complaint was filed making absolutely false allegations, it is submitted. BA No.4698/08 3 5. According to defacto complainant, she came to know about all the allegations much before the death of the girl, when she was hospitalised in the hospital at Kottayam. But, she gave the First Information Statement only much after the girl died, at Theni Medical College hospital. The death was on 5.5.2008 but, the complaint was given only on 27.5.2008. This case is an absolutely false and fabricated one, it is submitted. Learned counsel for the first accused also submitted that the first accused's daughter delivered a baby recently and there is no one to look after her and hence, she may be released on bail. She was arrested on 9.6.2008. It is also pointed out by learned counsel for the first accused that the dead body of the girl was cremated so as to destroy evidence, though as per the custom in the Christian community, dead body is to be buried. The girl's mother is a Christian. Learned counsel for the second accused also supported the same arguments and submitted that she may also be released on bail. 6. This petition is strongly opposed. Learned Director General of Prosecution submitted that the case set up by the BA No.4698/08 4 defence is an absolutely cooked up, fanciful and concocted story. Firstly, it is pointed out that the girl does not have a step father, but, the defacto complainant's husband is her own father. It is also submitted that girl's father is a Hindu and in Hindu Community, dead body is cremated and not buried. It is also submitted that several persons are involved in the offence and the details of the mobile phone are obtained during investigation which will show that the alleged victim who was a girl aged only 14 years was in possession of a mobile phone and hundreds of phone calls were made by first and second accused to the girl. It is also submitted that only eight persons are so far arrested but, it is learnt during investigation that innumerable persons are involved in the racket and hence, if the petitioners are released on bail at this stage, the evidence will be tampered with and the witnesses will be influenced or threatened. Therefore, the investigation will be adversely affected by grant of bail to petitioners at this stage. Hence, the state requests this Court to refuse bail to the petitioners until the trial is over, in the interest of the public at large, it is submitted. BA No.4698/08 5 7. On hearing both sides, on consideration of the peculiar facts and circumstances of this case, the nature of the offence committed, investigation required, the possibility of the evidence being tampered with, witnesses being influenced or threatened, the innumerable persons who are subjected to be involved and to be arrested etc., I am satisfied that it is not a fit case to grant bail to the petitioners at this stage. Both petitions are dismissed. K.HEMA, JUDGE csl