IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9933 of 2011() ----------------------------- CBCID CRIME NO.111/CR/HHWII/EKM/11 (CRIME NO.346/2011 OF NORTH PARAVUR POLICE STATION) .................... PETITIONER (S): ACCUSED NO.60 --------------------------------- VEERAPPAN, S/O. PERUMALSWAMI, AGED 33 YEARS, H. NO. 1/73,NORTH STREET, ALAGAPURI VILLAGE, VIRUTHUNAGAR TALUK, VIRUTHU NAGAR DISTRIT, TAMIL NADU. BY ADV. SRI.K.V.SABU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9933 of 2011 --------------------------- Dated this the 7th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.60 in CBCID Crime No.111/CR/HHWII/EKM/11 (Crime No.346 of 2011 of North Paravur Police Station). 2. The offences alleged against the accused are under Sections 366-A, 354, 372, 373, 376 (2) (g), 506 (i), 342 and 202 read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The gist of the prosecution case is the following: The victim, a girl aged below 16 years, was taken to several places within the State and in the neighbouring States under force and threat and she was compelled to have sexual intercourse with several persons against her will and without her consent for the period from 3-5-2010. The First Information Statement was given by the victim on 7.3.2011. The father of BA 9933/11 2 the victim is a real estate broker and a person who supplies junior artists to film makers. On 3-5-2010, the victim was taken by her father to a hotel at Panampilly Nagar, Ernakulam, stating that they had to meet ‘film people’. After leaving the victim in the room in the hotel, father of the victim left the place. The victim was raped by the man who was in the room. Thereafter, on that date and on the following days, she was taken to several places in and around Ernakulam city, Mysore, Ooty, Thiruvananthapuram, Kannur, Chalakkudy, Athirappilly, Munnar, Bangalore, Thrissur, Mapranam, Coimbatore etc. On 1-1-2011, the father of the victim took her to Coimbatore and entrusted her to a man and woman. They took the victim to a house where she was locked. She was subjected to forceful sex by twelve persons who visited the house. The victim escaped from that house and after reaching her native place, she disclosed the matters to her paternal uncle and other relatives. They advised the victim to inform the matter to the police. 4. The allegation is that accused No.32 Shajimon procured the victim girl and brought her to Aram Motel at Palakkad and BA 9933/11 3 supplied the girl to the petitioner, who sexually abused the girl in a room in the hotel. 5. The petitioner was arrested on 6.11.2011 and he was remanded to judicial custody. 6. In the connected matters, where the accused person is so called 'customer', bail was granted on the expiry of 60 days from the date of arrest. The petitioner was arrested on 6.11.2011. Therefore, I am not inclined to grant bail to the petitioner at this stage. The investigation is in progress. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is also likely that the petitioner would influence and intimidate the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl