IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 Bail Appl..No. 6389 of 2011() ----------------------------- CRIME NO.344/2011 OF VATTIYOORKAVU POLICE STATION THIRUVANANTHAPURAM PETITIONER : 3RD ACCUSED ------------------------------- JAYESH, KAPPAVILA MELE PUTHENVEEDU, OONNANPARA, KACHANI, THIRUVANANTHAPURAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENT: INVESTIGATING OFFICER ------------------------------------ SUB INSPECTOR OF POLICE, VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6389 of 2011 ---------------------------------------------- Dated this the 11th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.344 of 2011 of Vattiyoorkavu Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 363, 366, 511 of 376 and 376 read with Section 34 of the Indian Penal Code. 3. There are four accused persons involved in the case. The prosecution case is the following:- On 21/04/2011, accused Nos.1 and 2 took the victim girl in a car in and around Thiruvananthapuram city and attempt was made to sexually exploit the girl in the moving car. It is stated that the attempt failed and therefore the girl was left at a place. The mother of the girl informed the matter to the police. The girl was subjected to medical examination. It was revealed in the medical examination that she was subjected to sexual abuse earlier. On interrogation, Bail Appln.No.6389/2011 : 2 : the girl revealed that about one year back, she was sexually abused by the petitioner herein. The petitioner herein was attending the dance class near the house of the victim girl. He allured the girl and had sexual intercourse with her at her residence. It is alleged that on other occasions, the girl was taken to the house of accused No.3 and she was sexually exploited. During the period in which the petitioner is alleged to have sexually abused to the girl, she was aged only 11 years. It was also alleged that the petitioner gave the necessary details of the victim to accused No.4 who contacted the girl and established relationship with her. 4. The petitioner was arrested on 12/06/2011 and he was remanded to judicial custody. The investigation of the case is in progress. If the petitioner is released on bail at this stage, it is likely that he would try to influence and intimidate the prosecution witnesses and tamper with the evidence. It is also likely that he may make himself scarce. Therefore, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE skj