IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8530 of 2011() ----------------------------- CRIME NO.1056/2011 OF CHADAYAMANGALAM POLICE STATION .................... PETITIONER/ACCUSED : -------------------------- SAJIN, S/O. SHAJAHAN, SAJIN NIVAS, NETTAYAM NILAMEL MURI, NILAMEL VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOTTARAKKARA, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8530 of 2011 --------------------------- Dated this the 21st day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1056 of 2011 of Chadayamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 366A, 376 and 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The victim girl, aged 15 years, belonging to a Scheduled Caste was found missing in the evening on 7.9.2011. Her father reported the matter to the police on 8.9.2011. The allegation is that the petitioner, an autorickshaw driver, enticed the girl, took her to various places, took room in a lodge and sexually exploited her on several occasions. The petitioner was arrested on 14.9.2011 and he was remanded to judicial custody. BA 8530/11 2 4. The investigation is in progress. In the facts and circumstances of the case, I do not think that it is proper to release the petitioner on bail at this stage. If the petitioner is released on bail, there is every possibility of the witnesses being harassed and intimidated by the petitioner. It is also likely that the petitioner may tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl