IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Bail Appl..No. 6201 of 2008() ----------------------------- CRMP.3053/2008 of J.M.F.C.,PARAVUR CRIME NO.216/08 OF PUTHENVELIKKARA POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- SINOJ, AGED 25, S/O.SASIDHARAN, VALLATHARA HOUSE, NEAR CIMISTIAN CHURCH, VALLARAMPADAM, MUPPLIYAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, PUTHENVELIKKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. 2. CIRCLE INSPECTOR OF POLICE, VADAKKEKARA CIRCLE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6201 of 2008 ----------------------------------------- Dated this the 7th October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 366A and 376 read with 34 of Indian Penal Code. According to prosecution, petitioner and other accused committed rape on the victim, who is aged 16 years, on different dates and different places and on the statement given by the girl, a crime was registered. 3. Petitioner is the second accused in the crime. He was arrested on 20.7.2008 and he is in custody since then. Learned counsel for petitioner submitted that taking into consideration the long period of detention, he may be granted bail. He is prepared to abide by any condition, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that this is a case in which a minor girl, who is aged 16 years, was sexually assaulted by several persons at several places. Petitioner is the second accused, who has also committed rape on her. The girl has become pregnant and delivered a child also and if the petitioner is released on bail, it is likely that he will influence the witnesses and tamper with evidence. The investigation is not yet complete and all the accused involved are BA.6201/08 2 not arrested and if the petitioner is granted bail at this stage, it will adversely affect the investigation, it is submitted. 5. On hearing both sides, I am satisfied that granting of bail to the petitioner at this stage, it will adversely affect the investigation and it is not fit to grant bail to the petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE vgs.