IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6579 of 2008() ------------------------------------ CMP.2459 & 2463 of 2008 of C.J.M., KALEPETTA CRIME NO.181/2008 OF MEPPADI POLICE STATION .................... PETITIONERS/ACCUSED NO. 4,7 & 6 : --------------------------------------------- 1. SHEKARAN @ KHADARKHARAI THANKAM, S/O.SWAYAMBULINGAM, 23 YEARS, PERIYASWAMIPURAM, THOOTHUKUDI. 2. K.M.MUNEER @ MUNEER, S/O.ALI, 26 YEARS, KARIKALATHIL HOUSE, MEPPADI, KOTTAPADI AMSOM. 3. A.N.SATHEESH, S/O.NARAYANAN, 20 YEARS, EKKAPARAMBIL HOUSE, EZHICHALIKUNNU, CHETHALAYAM, KIDAGANADU AMSOM. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/11/2008 ALONG WITH BA 6586 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING : K.HEMA, J. ------------------------------------- B.A. Nos.6579 & 6586 OF 2008 -------------------------------------- Dated this the 7th day of November, 2008 O R D E R These petitions are for bail. 2. The alleged offences are under Section 376(g) I.P.C. and Section 3(2) V SC/ST P.A. Act. Petitioners in B.A.No.6579 of 2008 are accused nos.4, 7 and 6 respectively and petitioners in B.A.No.6586 of 2008 are accused nos. 1, 5 and 14 respectively . According to prosecution, petitioners and other accused (total 16 known persons and 5 to 8 persons identifiable by sight) committed rape of a minor tribal girl for the past 4 years, since the age of 12 years, at different places and she became pregnant at the age of 16 years. 3. Learned counsel for petitioners submitted that accused nos.4, 6 and 7 were arrested on 29.08.2008 and they are in custody for the past 72 days. Accused nos. 1, 5 and 14 were arrested on 16.09.2008 and they are in custody for the past 52 days. It is submitted by learned counsel for petitioners that alleged victim and her mother were conducting a brothel and many customers interacted with the victim and she cannot B.A.Nos.6579 & 6586 of 2008 2 identify the persons who had physical relationship with her. Petitioners are only scape-goats and hence, they may be granted bail, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the officials of the social welfare committee happened to meet the tribal girl and her mother in a pitiable condition and they did not even have food. When questioned, the facts in this case were disclosed to them and a complaint was lodged on 29.08.2008. It is not a case of prostitution, as per the case diary, but the girl was raped by several persons at different places ever since the age of 12 years. Several accused are yet to be arrested and identified by the girl and if at this stage petitioners are granted bail, it will adversely affect the investigation, it is submitted. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and I am not inclined to grant bail to petitioners at this stage. The petitions are dismissed. K.HEMA, JUDGE pac