IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Bail Appl..No. 4744 of 2008() ----------------------------- CRIME NO.400/2008 OF MATTANNOOR POLICE STATION PETITIONRE : 12TH ACCUSED ----------------------------- K. RAVEENDRAN, S/O. BHASKARAN, AGED 42, VALIYACHERIYATH HOUSE, KODALLUR, ANDOOR AMSOM, KANNUR. BY ADV. SRI.B.PREMNATH (E) RESPONDENT: COMPLAINANT ------------------------ STATE, REP. BY THE STATION HOUSE OFFICER, MATTANNOOR POLICE STATION, KANNUR (REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) BY D.G.P.SRI.P.G.THAMPI PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4744 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 109, 354, 366- A and 376-G read with section 34 IPC. Petitioner is the 12th accused in the crime. According to prosecution, petitioner is the Manager of the “Thai resort” in Prassinikkadavu. With his assistance, connivance and in conspiracy with the victim's father and others, the victim, who is aged only 15 years was subjected to rape by various people in the petitioner's Resort in room nos. 101 and 104 on different occasions. Rape was committed on the child by accused 2 to 6 and 9 to 11. On a complaint filed by the girl, the crime was registered. 3. Learned counsel for the petitioner submitted that petitioner is only a Manager of the Resort at Parassinikadavu and several tourists visit the place. He can only give rooms to persons at their request and he has not committed any offences, as alleged. Petitioner is totally innocent of the allegations made and he has no role in any of the offence committed, it is submitted. To a pointed question put by this Court to learned counsel for the BA 4744/2008 2 petitioner, as to what is the nature of allegation made against petitioner, he submitted that no allegation is made against petitioner. It is submitted that petitioner was arrested on 10-7- 2008 and he is in judicial custody for the past more than 30 days from 11-7-2008 onwards and hence bail may be granted. 4. Sri.P.G.Thampi the State Prosecutor vehemently opposed the application. He submitted that petitioner has a definite role in the offences committed. It is not correct to say that the petitioner is totally unaware of the offence being committed in his Resort. Petitioner is not working there as a mere Manager, but, the Resort was taken over by him in his possession and he was conducting business there at the relevant time. Offences involved include also those under sections 109 and 120B IPC and the petitioner has been assisting, conniving and aiding the commission of offences within the premises of the Resort. 5. The relevant portions of the statement of the victim and another witness were read out in court from which it is clear that the petitioner has a definite role and he had the intention and knowledge about what was transpiring in the Resort and he had almost an equal role as that of the child's father himself. It BA 4744/2008 3 appears that he knew the father was getting his own daughter for the trade and petitioner made arrangements for the same in his Resort by letting out room nos. 101 and 104 for the business. 6. Several persons committed rape on the child from these rooms, on different occasions. The petitioner was referred to as “Raviettan” by the child, because of his close acquaintance with her father who by himself and through others subjected the child to rape, at a very young age. has caused the child to heinous rape. It cannot be said that the petitioner has absolutely nothing to do with the crime. The investigation is at the initial stage and this is a case where the father himself subjected the girl to rape when the child at the age 12 years. Thereafter, he was engaged in selling the girl to various persons and the petitioner was an active partner in the trade. If the petitioner is released on bail at this stage, it is likely to affect the investigation adversely, it is submitted. 7. After hearing both sides, I am satisfied that this is not a fit case to grant bail to the petitioner at this stage. The application is dismissed. K. HEMA, JUDGE. mn.