IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Bail Appl..No. 6762 of 2008() ----------------------------- CMP.3782/2008 of J.M.F.C.-II,THAMARASSERY (CRIME NO.452/08 OF MUKKOM POLICE STATION) PETITIONERS/ACCUSED NOS.7 AND 8 --------------------------------------------------- 1. IRIMBADASSERY ASHRAF, S/O.MOOSAKUTTY, AGED 36 YEARS, KALATHINGAL HOUSE, VAKKALOOR, KAVANNUR AMSOM. 2. JAFFER @ KUNHIPPA, S/O.MUHAMMED, POOLAKKAL KALATHINGAL HOUSE, VAKKALOOR, KAVANNOOR AMSOM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6762 of 2008 --------------------------------------------------- Dated this the 20th day of November, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 366-A, 372 and 376 of IPC. According to prosecution, a minor girl aged 13 years was raped by her step father, and thereafter both her mother and step father together supplied her to several persons who also committed rape of her on different date at different places. 3. Learned counsel for petitioners submitted that the allegations of rape is not made against accused nos. 7 and 8 and hence, they may be granted bail. 4. This petition is opposed. Learned Public Prosecutor submitted that considering the nature of allegations made and the stage of investigation, it is not proper to grant bail at this stage. It is likely that petitioners may abscond and they may influence or intimidate the witnesses and also tamper with evidence. It is also submitted that petitioners are accused no. 7 [B.A.No.6762 /08] 2 and 8 in the crime. Learned Public Prosecutor submitted that A7 committed rape on her and A8 had arranged the girl for him. A8 received remuneration also and gave it to 2nd accused. Petitioners were arrested on 17.10.2008. 5. On hearing both sides, considering the stage of investigation, I am satisfied of the submissions made by learned Public Prosecutor. Hence, I am not inclined to grant bail to petitioners at this stage. The petition is dismissed. K. HEMA, JUDGE. Krs.