IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Bail Appl..No. 6088 of 2008() ----------------------------- CMP.2385/2008 of J.M.F.C. - II, MAVELIKKARA (CRIME NO.396/2008 OF NOORANADU POLICE STATION) PETITIONER/ACCUSED NO.1:- --------------------------------------------- SUDEESH, AGED 22 YEARS, S/O YESODHARAN, KATTAKKAREEKKAL HOUSE, PUTHUPALLIKUNNAM MURI, NOORANADU MAVELIKKARA. BY ADV. SRI.R.PADMAKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTO, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6088 of 2008 --------------------------------------------------- Dated this the 30th day of September, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 376 and Section 376(g) of IPC. According to prosecution, the petitioner, along with two other accused, committed rape of two minor girls aged about 12 years. 3. Petitioner was arrested on 11.8.2008 and he is in custody for the past 50 days. It is submitted that petitioner is aged 20 years only. Therefore, bail may be granted, it is submitted that one person by name one 'Sudeesh' was arrested and it was published in the Newspapers also but the police is not proceeding against him. 4. Learned Public Prosecutor opposed this bail application and submitted that the petitioner has not co-operated with the investigation and, hence the identity of the other persons involved in the offence could not be ascertained so far. Petitioner along with other two persons committed rape of two minor girls aged only 12 to 12½ years. If the petitioner is granted bail, it may not be possible to [B.A.No.6088/08] 2 arrest other accused in the crime. Considering the serious nature of the allegations also, this petition is opposed. On hearing both sides, I do not find it fit to grant bail to the petitioner at this stage. Petition is dismissed. K. HEMA, JUDGE. Krs.