IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 6099 of 2011() ----------------------------- CMP.1572/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO. 756/2011 OF KOTHAMANGALAM POLICE STATION .................... PETITIONERS/16TH & 24TH ACCUSED -------------------------------- 1. M.A.MUNEER,AGED 22 YEARS,S/O.AZIZ, MARUTHANAL PUTHENPURAYIL,PERUMBILLICHIRA.P.O, KUMARAMANGALAM,THODUPUZHA,IDUKKI DISTRICT. 2. NAUSHAD,AGED 24 YEARS,S/O.MEERANKUTTY, KORAPPILIKKUDY HOUSE,MANNAMKANDAM BHAGAM,ADIMALY KARA (NOW RESIDING AT VAKKATHIPARAMBIL HOUSE, KATTUKUDY COLONY BHAGAM,NELLIKUZHY KARA,ERAMALLOOR VILLAGE,ERNAKULAM DISTRICT). BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY SUB INPSECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, (INVESTIGATING OFFICER IN CR.NO.756/2011 OF KOTHAMANGALAM POLICE STATION),REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,SHANMUGHAM ROAD, ERNAKULAM,COCHIN-682031. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6099 of 2011 ---------------------------------------------- Dated this the 03rd day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused Nos.16 and 24 in Crime No.756 of 2011 of Kothamangalam Police Station. 2. The offences alleged against the petitioners are under Sections 366-A, 372, 373, 376, 376(2)(f) read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3. The victim is a minor girl aged below 16 years at the relevant time. She belongs to a poor family. Her father is a coolie. The allegation is that several persons sexually exploited her by alluring and by giving petty gifts. 4. The allegation against accused No.16 is that he along with accused Nos.15 and 17 took the girl in an Indica Car in August, 2009 and committed the offence near a quarry, a lonely place. The allegation against accused No.24 is that in May, 2011, he took the de facto complainant in an Bail Appln.No.6099/2011 : 2 : auto rickshaw and parked the auto rickshaw at a lonely place near a quarry and committed the offence inside the auto rickshaw. 5. Accused No.16 was arrested on 09/07/2011 and accused No.24 was arrested on 16/07/2011. The investigation of the case is at the initial stage. 6. If the petitioners are released on bail at this stage, it is most likely that they would influence or intimidate the de facto complainant and the other witnesses. It is also likely that the petitioners may make themselves scarce and flee from justice. Safety of the de facto complainant is also of paramount importance. If the petitioners are let free, safety of de facto complainant would be in jeopardy. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj