IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 3916 of 2009() ------------------------------------ CRIME NO. 86/2009 OF VALANCHERY POLICE STATION, MANJERI ................................... APPLICANT/7TH ACCUSED: -------------------------------------- ANVAR SHAIK, S/O. HAMZA HAJI, PUTHANPURAKKAL HOUSE, P.O. KARKKADAMKUNNU, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADVS. SRI .P. VIJAYA BHANU SRI. VIPIN NARAYAN RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE S.I. OF POLICE, VALANCHERI POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3916 of 2009 ------------------------------------ Dated this the 28th day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the seventh accused in Crime No.86/2009 of the Valancheri Police Station. 2. The offences alleged against the petitioner are under Sections 365, 366 and 376(g) read with 34 of the Indian Penal Code and Sections 4, 5 and 6 of the Immoral Traffic Prevention Act. 3. The gist of the prosecution case is that the victim girl, who was a divorcee, was proposed to be married by the first accused. Later he established contact with her over telephone. The first accused directed the girl to leave her house with her belongings and gold ornaments. She was taken by the first accused in an auto rickshaw at night. Thereafter, first accused took her to Palakkad and various other places. The girl was raped by the first accused. Some of her gold ornaments were sold by the first accused. Out of the sale proceeds, he purchased a second B.A.No. 3916 of 2009 2` hand Maruthi vehicle. In that vehicle,the first accused took the girl to Ootty, stayed there and presented her to his friends who committed rape on her. Again her gold ornaments were sold. Further allegation is that after receiving amounts from various persons, including the present accused, the first accused allowed the girl to be subjected to rape by those people, from whom the first accused had received money. It is also alleged that several persons had sexual relationship with the girl on the days on which the incident took place. At last, while the first accused was taking bath, the girl managed to escape from the hotel. The crime was accordingly registered. 4. The learned counsel appearing for the fifth accused submitted that there is no material to connect the petitioner with the offences and that if at all anything is established, it would only amount to prostitution and would attract only the offences under the Immoral Traffic Prevention Act. He also submitted that this is a fit case where the petitioner is entitled to get anticipatory bail. 5. I have gone through the case diary. For the purpose of disposal of the bail application, it is not necessary to arrive at any finding on the merits. Nor is it proper to make B.A.No. 3916 of 2009 3` observations on the merits of the contentions put forward by the accused. If such observation and finding are made, it would cause prejudice either to the defence or to the prosecution. 6. Taking into account the facts and circumstance of the case, the nature of the offences and the manner in which the offences are alleged to have been planned, executed and committed, I do not think that this is a fit case where the petitioner is entitled to anticipatory bail. The Bail Application lacks merit and it is accordingly dismissed. K.T.SANKARAN, JUDGE ln