IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Bail Appl..No. 7793 of 2009 CRIME NO.261 OF 2007 OF THALASSERY POLICE STATION PETITIONER/ACCUSED NO.4 ------------------------------------------- SHAFEER, AGED 19 YEARS, S/O.USMAN, PEEDDIKA KONDIYIL, MUKKIL PEEDIKA, PULLUKKRA, KANNUR. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THALASSERY. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7793 OF 2009 ------------------------------------------------------ Dated this the 11th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.261 of 2007 of Thalassery Police Station. 2. The offences alleged against the petitioner are under Sections 376(g) and 366 of the Indian Penal Code. 3. The prosecution case is that on 22.5.2007, the victim, who was in love with accused No.6, was brought to the beach by accused No.6. Accused No.7, who is a friend of accused No.6, was also with them. At that time, accused No.1 approached them and threatened that police would be called. Accused Nos.6 and 7 left the place. The other accused persons came there and committed the offence at various places by taking the girl in an Ambassador car and in a Tavera car. 4. It is submitted that the petitioner is a young boy and he was employed in Gulf. At present, he has come to India. Advocate B.A. NO. 7793 OF 2009 :: 2 :: Sri.T.M.Abdul Latiff submits that custodial interrogation of the petitioner is not at all required, in the facts and circumstances of the case. He also submitted that there is no material to implicate the petitioner in the offence. 5. The learned Public Prosecutor submitted, with reference to specific materials, to show, prima facie, the complicity of the petitioner in the offence. Prima facie, I am satisfied that there are materials to connect the petitioner with the offence. The offence is a serious one. In a case like this, where the offence of gang rape is alleged, I do not think that it is proper to grant the discretionary relief to the petitioner. I am satisfied that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/