IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Bail Appl..No. 6531 of 2011() ----------------------------- (CRIME NO.756 OF 2011 OF KOTHAMANGALAM POLICE STATION) PETITIONER/17TH ACCUSED ------------------------------------------- RASHEED T.M., S/O. MUHAMMED, AGED 22 YEARS, THEKKEKARA HOUSE, PERUMBILLICHIRA P.O., KUMARAMANGALAM, THODUPUZHA. BY ADV. SRI.BIBIN KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6531 OF 2011 --------------------------------- Dated this the 17th 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.17 in Crime No.756 of 2011 of Kothamangalam Police Station. 2.The offences alleged against the petitioner are under Sections 366-A, 372, 373, 376, 376(2)(g), 511 of Section 376 and 354 read with 34 of the Indian Penal Code and Section 23 of the Juvenile Justice(Care and Protection of Children) Act, 2000. 3.The prosecution case is that the victim aged below 16 years was raped by the petitioner. In August, 2009, accused Nos.15, 16 and 17 took the victim in an Indica car. They parked the car at a lonely place near a quarry. The allegation is that accused Nos.15 and 16 committed rape on the girl inside the car. Thereafter, accused No.17 also B.A.No.6531 OF 2011 2 committed the offence. However, since the girl objected, the petitioner could not complete the sexual atrocity to its finality. 4. The petitioner was arrested on 9.7.2011 and he was remanded to judicial custody. 5. The allegations levelled against the petitioner are very grave in nature. Investigation is in progress. Several accused are involved in the case. The victim girl was a school going student. She was sexually exploited by several persons. If the petitioner is released on bail at this stage, it is likely that the prosecution witnesses will be influenced or intimidated and the evidence tampered with by him. It is also likely that he may make himself scarce. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms