IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Bail Appl..No. 6263 of 2011() ----------------------------- CMP.1488/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM (CRIME NO.756 OF 2011 OF KOTHAMANGALAM POLICE STATION) .................... 9TH ACCUSED ------------------------------- ASSIS, AGED 25 YEARS, S/O. ALIYAR, RESIDING AT MUTHIRAKKALAYIL HOUSE, PAYIPRA KARA, MULAVOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, (INVESTIGATING OFFICER CR.NO.756/11,KOTHAMANGALAM POLICE STATION)REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, SHANMUGHAM ROAD, ERNAKULAM, COCHIN - 682 031. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6263 OF 2011 --------------------------------- Dated this the 8th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 9th accused in Crime No.756 of 2011 of the Kothamangalam Police Station. 2. The crime was registered for the offences under Sections 366A, 372, 373, 376, 376(2)(g) and 354 IPC and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The victim is aged below 16 years. The allegation is that while she was studying in 8th standard, a few students in the school sexually exploited her. Some of them introduced the girl to others and the illegal activities continued. Several persons are involved in the offence. The girl was taken on several occasions from her residence and B.A.No.6263 OF 2011 2 she was sexually abused in parked cars, in moving cars, in autorickshaws, in a quarry and in the parking ground of Revenue Tower, Kothamangalam. 4. The allegation against the 9th accused is that in February, 2011, he along with accused Nos.10 and 27 took the girl in an Ambassador car, proceeded via Panipra and after stopping the car, he committed rape of the girl inside the car. While the petitioner was indulging in the criminal activity, accused Nos.10 and 27 guarded the scene. 5. The petitioner was arrested on 14.7.2011 and he was remanded to judicial custody. 6. The investigation is in progress. Several persons are involved in the offence. All of them have not been arrested. It is stated by the learned Public Prosecutor that the victim girl is pregnant now. The father of the victim is Muhammedali, accused No.12. He is a coolie. He was also responsible for the girl being procured and exploited by several people. The investigation revealed that pittance of amounts was being given to the father of the victim for taking the girl to various places B.A.No.6263 OF 2011 3 under the promise that Churidars, bags, books and other items would be purchased for the girl. Prima facie, it is clear that the poverty of the girl was exploited. The victim's brother is staying in the Yathimkhana at Chavakkad. If accused No.9 is released on bail at this stage, it would adversely affect the proper investigation of the case. It is most likely that he would intimidate and influence the witnesses and tamper with the evidence. The allegations levelled against the accused persons would indicate that there was a close nexus among the accused persons in the matter of exploitation of the girl. If some of them are released on bail, it would adversely affect the proper investigation of the case. 7. In these facts and circumstances of the case, I am of the view that Bail cannot be granted to the petitioner at this stage. The Bail Application is, accordingly, dismissed. K.T.SANKARAN, JUDGE. cms