IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 8487 of 2011 CRIME NO.395 OF 2011 OF KOLLAM WEST POLICE STATION, KOLLAM. PETITIONER: ACCUSED NO.2: NOUSHAD, AGED 37 YEARS, S/O.KHALID KUNJU, CHIRAVILAPUTHEN VEETTIL, THAZHUTHALA, KANNANALLOOR, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT: COMPLAINANT : STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8487 OF 2011 ------------------------------------------------------ Dated this the 3rd day of November, 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.2 in Crime No.395 of 2011 of the Kollam West Police Station. 2. The offences alleged against the petitioner are under Sections 366-A and 376 (2) (g) read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following:- The victim girl, who was a minor at the relevant time was found in suspicious circumstances within the limits of Sakthikulangara Police Station. Her mother was working abroad. Her father is stated to be an alcoholic and she had difference of opinion with her father. The girl was sent to the Mahila Mandiram, Anchukallumoodu, Kollam. She escaped from the Mahila Mandiram. The matter was reported to the police. The police registered the crime and she was taken to custody. BAIL APPL. NO.8487 OF 2011 :: 2 :: 4. Meanwhile, one Noushad filed W.P.(Crl.) No.173 of 2011 alleging that the girl was illegally detained at Mahila Manidaram. Noushad claimed to be her lover. 5. The girl was produced before the High Court. Her father also appeared. The girl's father produced the S.S.L.C. Book of the girl from which it was revealed that her date of birth was 17/05/1995 and that she was a minor at the relevant time. The Division Bench directed to constitute a Special Team for the investigation of the case. Inspector General of Police, Central Zone was also directed to file report. Investigation revealed that the girl was sexually abused by several persons namely, Noushad (petitioner), Sooraj @ Benny, Nikesh, Laiju, Lijo, Mano @ Loona and one Ratheesh at various dates and places. 6. On medical examination, it was revealed that the girl was pregnant. The Division Bench appointed the District Collector as the guardian of the minor girl and in the peculiar facts and circumstances of the case, her pregnancy was allowed to be BAIL APPL. NO.8487 OF 2011 :: 3 :: terminated. The girl is still in the Mahila Mandiram under police protection. 7. The petitioner was arrested on 22.8.2011 and he was remanded to judicial custody. 8. The learned counsel for the petitioner submitted that accused No.1 was granted bail as per the order dated 6.9.2011 in B.A.No.7203 of 2011 and accused No.8 was granted bail as per the order dated 24.10.2011 in B.A.No.8643 of 2011. It is to be noted that as against accused No.1, there is no allegation that he sexually abused the girl. The case against accused No.8 stands on a different footing. All the major allegations are against the petitioner. The investigation is in progress. Learned Public Prosecutor submitted that the investigation was handed over to the Crime Branch. 9. In the facts and circumstances of the case, I do not think that it is proper to grant bail to the petitioner at this stage. If bail is BAIL APPL. NO.8487 OF 2011 :: 4 :: granted to the petitioner, it is most likely that he would intimidate and influence the witnesses and tamper with the evidence. The safety of the girl is also to be safeguarded. If the petitioner is granted bail, it would have serious adverse impact on the safety and security of the victim girl as well, taking into account the series of transactions which took place including the proceedings in a Habeas Corpus Petition. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/