IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Bail Appl..No. 8173 of 2011() ----------------------------- CBCID CRIME NO.111/CR/HHWII/EKM/11 (NORTH PARAVUR POLICE STATION CRIME NO.346 OF 2011) .................... PETITIONER/146TH ACCUSED ----------------------------------- SABU.C.V,AGED 39 YEARS,S/O.VISWAMBHARAN, CHANGANATHU HOUSE,NEAR AYYAPPANKAVU TEMPLE, ERNAKULAM. BY ADV. SRI.S.ABHILASH SRI. K.SIJU RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY DETECTIVE INSPECTOR OF C.B.C.I.D,H.H.W.II, ERNAKULAM THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8173 of 2011 --------------------------- Dated this the 17th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.146 in CBCID Crime No.111/CR/HHWII/EKM/11 (North Paravur Police Station Crime No.346 of 2011). 2. The offences alleged against the accused are under Sections 366-A, 354, 372, 373, 376 (2) (g), 506 (i), 342 and 202 read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The gist of the prosecution case is the following: The victim, a girl aged below 16 years, was taken to several places within the State and in the neighbouring States under force and threat and she was compelled to have sexual intercourse with several persons against her will and without BA 8173/11 2 her consent for the period from 3-5-2010. The First Information Statement was given by the victim on 7.3.2011. The father of the victim is a real estate broker and a person who supplies junior artists to film makers. On 3-5-2010, the victim was taken by her father to a hotel at Panampilly Nagar, Ernakulam, stating that they had to meet ‘film people’. After leaving the victim in the room in the hotel, father of the victim left the place. The victim was raped by the man who was in the room. Thereafter, on that date and on the following days, she was taken to several places in and around Ernakulam city, Mysore, Ooty, Thiruvananthapuram, Kannur, Chalakkudy, Athirappilly, Munnar, Bangalore, Thrissur, Mapranam, Coimbatore etc. On 1-1-2011, the father of the victim took her to Coimbatore and entrusted her to a man and woman. They took the victim to a house where she was locked. She was subjected to forceful sex by twelve persons who visited the house. The victim escaped from that house and after reaching her native place, she disclosed the matters to her paternal uncle and other relatives. They advised the victim to inform the matter to the police. BA 8173/11 3 4. The allegation is that the petitioner took the victim girl to a lodge at Pattambi and sexually exploited the girl. The petitioner was arrested on 21.9.2011 and he was remanded to judicial custody. 5. The allegations are grave in nature. The petitioner was arrested only on 21.9.2011. At this stage, I do not think that the petitioner can be released on bail. In all other connected matters, bail was granted after a longer period of judicial custody. The Bail Application is accordingly dismissed. K.T.SANKARAN JUDGE csl