IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 3008 of 2010() ----------------------------- (Crime No.258/2009 of Sreekandapuram Police Station, Kannur District) AGAINST THE JUDGEMENT/ORDER IN BA.357/2010 Dated 25/01/2010 .................... PETITIONERS: ACCUSED 9 AND 11 -- ------------------------------------ 1. RAGESH, S/O. SIVAN, AGED 25 YEARS, IVALAPPIL HOUSE, POTHUKUNDU, NADUVIL.P.O, NADUVIL AMSOM, KANNUR DISTRICT. 2. RATHEESH @ KOSHI, S/O. KORAN, AGED 26 YEARS, MANJALATHUPARAMBIL HOUSE, KIZHAKKEVALA, NADUVIL.P.O, NADUVIL AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT: COMPLAINANT -------------------------- STATE, THROUGH THE STATION HOUSE OFFICER, SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT (CRIME NO. 258/2009 OF SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------- B.A.NO. 3008 OF 2010 ------------------------------------------------- Dated this the25th day of May, 2010. ORDER This petition for Anticipatory bail. 2. The alleged offences are under Sections 376, 376(A) r/w Section 34 of Indian Penal Code. According to prosecution, defacto complainant's daughter Neethu aged 15 years was missing from the house of defacto complainant on 25.11.2009 and she was traced out at her uncle's house at Changanassery and on questioning it was revealed that the petitioners (accused No.9 and 11) and others committed rape on her and some of them had committed kidnapping. 3. Learned counsel for petitioners submitted that the petitioners surrendered before the Magistrate Court on 28.4.2010. They have not committed any rape. They are in custody from 28.4.2010 onwards. 4. This petition is opposed. The learned Public Prosecutor submitted that as per the case diary the petitioners committed rape on a girl at 15 years. It is also submitted that several accused are to be arrested and hence this application is opposed. 5. On hearing both sides, I am satisfied of the submissions B.A.NO. 1756 OF 2010 2 made by the learned Public Prosecutor and investigation is in progress and I am not inclined to grant bail to the petitioners at this stage. If they are granted bail at this stage, I am of view that it will adversely affect investigation. This petition is dismissed. K.HEMA,JUDGE. pm