Santhosh vs The Sub Insepctor Of Police on 2 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4018 of 2008()


1. SANTHOSH, AGE 20. S/O. MURALI,
                      ...  Petitioner

                        Vs



1. THE SUB INSEPCTOR OF POLICE
                       ...       Respondent

                For Petitioner  :SRI.SASTHAMANGALAM S. AJITHKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :02/07/2008

 O R D E R
                             K.HEMA, J.

                 -----------------------------------------
                        B.A.No. 4108 of 2008
                 -----------------------------------------

                  Dated this the 2nd July, 2008

                               O R D E R

This petition is for bail.

2. Petitioner is the first accused in the crime. The alleged

offences are under Sections 366(A), 376 and 34 of Indian Penal

Code. According to prosecution, on 29.5.2008 at about 12.30 pm,

the petitioner and her sister came to the house of the alleged

victim, who is aged 17 years who is in love with the first accused

and she was taken in an auto rickshaw to the second accused’s

house and they lived as husband and wife for a day. According to

prosecution, the petitioner committed rape on the minor girl. A

crime is registered on the basis of a statement given by the minor’s

father stating that the minor is missing. Petitioner was arrested on

1.6.2008 and he is in custody since then.

3. This petition is opposed. Learned Public Prosecutor

submitted that on an enquiry is made, it is revealed that petitioner

and his sister have vacated the house where they were living and

their whereabouts are not known. On a previous occasion, when it

was pointed out by learned Public Prosecutor that petitioner’s sister

BA.4018/08 2

has not so far been arrested, learned counsel for petitioner

submitted that petitioner’s sister is very much available in her

house and the police can arrest her at any time. But now, it has

become impossible to arrest the second accused, in view of shifting

of the house, it is submitted.

4. On hearing both sides, considering the nature of allegations

made, the stage of investigation and the conduct of the petitioner

and his sister, I find that it is not fit to grant bail to the petitioner at

this stage.

This petition is dismissed.

K.HEMA, JUDGE

vgs.