IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Bail Appl..No. 5161 of 2008() ----------------------------- CRIME NO.400/08 OF MATTANNUR POLICE STATIION PETITIONER: ACCUSED NO.3 ----------------------------- KODIKKANDY HARIS, S/O. KADER, AGED 37, KODIKKANDY HOUSE, P.O KALLYATTU, KALLAYATTUPARAMBA, KANNUR. BY ADV. SRI.C.KHALID SRI.T.P.SAJID RESPONDENTS: ------------- 1. CIRCLE INSPECTOR OF POLICE, MATTANNUR POLICE STATION, MATTANNUR. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY DGP SRI.P.G.THAMPI PUBLIC PROSECUTOR C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5161 of 2008 ----------------------------------------- Dated this the 19th August, 2008 O R D E R This petition is for bail. 2. Petitioner is the third accused in the crime. The alleged offences are under Sections 354, 366A and 376 of Indian Penal Code. According to prosecution, petitioner committed rape on a girl aged 15 years from a Resort more than one occasion. The child was supplied by her own father who also allegedly raped her when she was 12 years of age. The victim's father was allegedly selling the girl to several persons for commission of rape. 3. Learned counsel for petitioner submitted that the petitioner is absolutely innocent of the allegations made. The petitioner was arrested on 8.7.2008 and he is in custody for the past more than 45 days. The only material available against the petitioner is the statement given by the de facto complainant. But such statement was given at the instance of the police, under influence of the police. The petitioner may not be further detained in prison, since petitioner has nothing more to convey to the police and his detention may not be required for the purpose of investigation, it is submitted. BA.5161/08 2 4. Learned Public Prosecutor strongly opposed this bail application. It is pointed out that it is not the statement of the de facto complainant alone which is available in the case diary, but other materials are also seen in the case diary. Many witnesses have implicated and given statement against the petitioner, which are incriminatory in nature. The de facto complainant was questioned again and her statement corroborated by is other evidence seized. She gave statement that on a particular day from a particular room she was raped by the petitioner, and the particulars given by her tallied with the details seen in the register maintained in the Resort, it is submitted. 5. It is also submitted that the petitioner is influential and in case the petitioner is released on bail at this stage of investigation, it is likely that the victim will be influenced or threatened and it will adversely affect the investigation. It is also submitted that the de facto complainant and the petitioner are residing in the same locality. It was also pointed out that the case diary reveals a heinous crime as per which the minor child was supplied to various persons for commission of rape against her will and without her consent under compulsion by none other than her own father, whose motive was to make money. This crime was committed for BA.5161/08 3 gain by the minor's father and the other accused were committing the offence, knowing this fact. 6. Learned Public Prosecutor also submitted that the investigation is at the preliminary stage and several details are yet to be collected from the de facto complainant, in a thorough investigation. Several persons are involved in the offence and hence, release of the petitioner will adversely affect the investigation. Though learned counsel for petitioner submitted that this case is foisted against the petitioner under influence or compulsion from the police, no material is available to probablise the defence, it is contended. Statement of the victim is also recorded under Section 164 Cr.P.C. It is also pointed out by learned Public Prosecutor that the petitioner was identified by the victim in the test identification parade correctly. 7. On hearing both sides and on going through the case diary, it is clear that a heinous crime was allegedly committed against a minor child eversince the age of 12 years by her own father and various others also, to whom she was supplied by her father. She gave a statement against her own father and she is now with the mother. It is, therefore, likely that if the petitioner is released on bail, she may be threatened or influenced and it will be easier for BA.5161/08 4 him to influence or intimidate the de facto complainant and other witnesses and also tamper with evidence. Therefore, I find that release of the petitioner on bail at this stage is likely to affect the investigation adversely. This petition is dismissed. K.HEMA, JUDGE vgs.