IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Bail Appl..No. 4018 of 2008() ----------------------------- CMP.4467/2008 of J.M.F.C.-III,NEYYATTINKARA CRIME NO.149/08 OF KOVALAM POLICE STATION PETITIONER --------------------------- SANTHOSH, AGE 20. S/O. MURALI, THANGAMANI NAGAR, PERUNELLI, KAMALESHWARAM WARD MUTTATHARA. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENTS: ------------- THE SUB INSEPCTOR OF POLICE KOVALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4108 of 2008 ----------------------------------------- Dated this the 2nd July, 2008 O R D E R This petition is for bail. 2. Petitioner is the first accused in the crime. The alleged offences are under Sections 366(A), 376 and 34 of Indian Penal Code. According to prosecution, on 29.5.2008 at about 12.30 pm, the petitioner and her sister came to the house of the alleged victim, who is aged 17 years who is in love with the first accused and she was taken in an auto rickshaw to the second accused's house and they lived as husband and wife for a day. According to prosecution, the petitioner committed rape on the minor girl. A crime is registered on the basis of a statement given by the minor's father stating that the minor is missing. Petitioner was arrested on 1.6.2008 and he is in custody since then. 3. This petition is opposed. Learned Public Prosecutor submitted that on an enquiry is made, it is revealed that petitioner and his sister have vacated the house where they were living and their whereabouts are not known. On a previous occasion, when it was pointed out by learned Public Prosecutor that petitioner's sister BA.4018/08 2 has not so far been arrested, learned counsel for petitioner submitted that petitioner's sister is very much available in her house and the police can arrest her at any time. But now, it has become impossible to arrest the second accused, in view of shifting of the house, it is submitted. 4. On hearing both sides, considering the nature of allegations made, the stage of investigation and the conduct of the petitioner and his sister, I find that it is not fit to grant bail to the petitioner at this stage. This petition is dismissed. K.HEMA, JUDGE vgs.