IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Bail Appl..No. 3478 of 2010() ----------------------------- (CRIME NO.363/2010 OF MATTANNUR POLICE STATION) PETITIONERS/ACCUSED NOS.1,2 & 4 --------------------------------------------------- 1. K.ARSHAD, S/O.HAMEED, AGED 28 YEARS, "KARIYAMBATH", PALLITHAZHE, THALASSERRY. 2. SHAFI, S/O.ABDUL RAHIMAN, AGED 28 YEARS, 'DARUL MINNATH', THOTTADA, KANNUR. 3. K.P.THAJVEER, AGED 28 YEARS, S/O.ABDUL SATHAR, THACHARANAAM VEEDU (PRADEEKSHA), PALLITHAZHA, THALASSERRY. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.363 OF 2010 OF MATTANNUR POLICE STATION) PUBLIC PROSECUTOR SRI.M.S BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3478 OF 2010 -------------------------------- Dated this the 14th day of June 2010 ORDER This petition is for bail. 2. The alleged offence is under Section 376 IPC. Petitioners are accused numbers first, second and fourth. According to prosecution, all the petitioners had committed gang rape on de facto complainant who is aged 23 years. 3. Learned counsel for petitioner submitted that the victim is immoral and her statement will show that she was engaged in prostitution and get money. Therefore, no rape is involved. Petitioners are in custody from 08/05/2010 onwards. It is also submitted that there is a long delay in lodging the complaint. Complaint was filed only after forty days. 4. Learned Public Prosecutor submitted that this is the second application for bail. Earlier application is dismissed just thirteen days back. Considering the nature of the allegations made, this is not a fit case to grant bail at this stage. 5. On hearing both sides and on going through the statements of the alleged victim and the Case Diary, I do not find it a fit case to grant bail at this stage. Petition is dismissed. K.HEMA JUDGE vdv