IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7531 of 2006()
1. ANSARI @ ATHU, S/O.KABEER KUTTY,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SIJU KAMALASANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :03/01/2007
O R D E R
V. RAMKUMAR, J.
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B.A.NO.7531 OF 2006
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Dt. JANUARY 3, 2007
ORDER
Petitioner is the 1st accused in Crime No. 686/06 of
Kottiyam Police Station for offences punishable under
Sections 366(A) and 376 read with Sec. 34 I.P.C. The
occurrence took place on 30-10-2006 and the petitioner was
arrested on 4-11-2006.
2. I heard the learned counsel for the petitioner and
the learned Public Prosecutor. The learned Public
Prosecutor opposed the application and made available to
me the case diary files pertaining to the matter.
3. Investigation thus far conducted by the police
reveals the involvement of the following persons:-
A1- Ansari - Petitioner
A2- Shameer
A3- Sherif
A4- Abdul Manaf
A5- Shihabudeen
4. 15 year old Sherina who has studied up to 8th
standard is employed in a cashew factory at Kannanallur.
She was in love with one Rasheed, residing near her
house. They used to meet frequently and used to talk for
long hours. Many of the local people were aware of their
romance. In order to meet Rasheed, Sherina used to go
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to the tea shop of one Salim in the town. On 30-10-2006 at
3.30 p.m. she went to the tea shop of Salim to meet
Rasheed. A3 (Sherif) who is a neighbour of Sherina was
there in the tea shop. Salim was not in the tea shop. A3
gave her the mobile number of Salim for finding out the
whereabouts of her lover Rasheed. A3 also told her that
if she called Salim at 4.30 p.m., Rasheed also would be
with Salim. Accordingly, she called Salim at 4.30 p.m.
from a public booth. Salim told her that Rasheed had not
come and asked her to call after some time. She then went
to her grandfather’s house at Kureeppally. She again
called Salim from another telephone booth. Salim told her
that Rasheed had not come and that A3 was there and gave
the phone to A3. She told A3 that she wanted to see
Rasheed. A3 promised her to take Rasheed to her. At about
5.30 p.m. A3 along with A1 (Ansari) came in an autorickshaw
which was driven by A2 (Shameer). A3 told her that Rasheed
was waiting for her and asked her to get into the
autorickshaw. Believing him, she got into the
autorickshaw. Herself and A1 were sitting in the back.
After some time A3 also came to the rear seat. Sherina
then started crying. A3 told her not to cry and assured
her that they will take her to Rasheed. After travelling
for a long time they stopped the autorickshaw in front of
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a medical store from where A2 and A3 purchased
something which she later discovered to be condoms. After
proceeding further they reached a garden land and the
autorickshaw was parked near a mill. When Sherina
started crying A3 held his hand against her mouth to
silence her. She was then taken to the plantation. From
there A1 raped her. A2 and A3 facilitated A1 to ravish
her. Thereafter, all the three of them had sexual
intercourse with her one by one. Two of them were wearing
condom but A1 was not wearing any condom. At about 9o’
clock when she again started weeping they took her in the
autorickshaw. From Velichikkala junction A1 contacted
somebody over the mobile phone. After some time A4
(Abdul Manaf) came in an autorickshaw driven by A5
(Shihabudeen). A2 to A3 went away in the same
autorickshaw in which they had come. Sherina was taken by
A1, A4 and A5 in the other autorickshaw. They bought her
coffee from a way-side cafeteria and then took her to the
Adichanelloor Panchayath School. They got into an empty
class-room from where A1 again satiated his lust in her.
A4 and A5 also outraged her modesty by embracing her and
squeezing her breasts. When A4 and A5 made further
prurient overtures towards her, she cried aloud.
Thereupon abusing her in filthy language A4 and A5 went
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away. She spent the night in the school till 4 a.m.
during which period A1 again ravished her. A1 then took
her in the autorickshaw and dropped her at Kureepally at 7
a.m. She went to her grandfather’s house and from there
she reached her own house in the evening of 31-10-2006. It
was only on the next day that she revealed to her mother
about her traumatic experience during the previous night.
She told her mother that it was by promising that he would
marry her that A1 had sexual intercourse with her.
5. It is too early to accept the case of the
petitioner that he is innocent and that the delay in
lodging the complaint is fatal to the prosecution.
Investigation of the case is still in the preliminary
stage. Anticipatory bail cannot be granted to the
petitioner. If he is released on bail, he will definitely
influence and intimidate the prosecution witnesses
including the victim. I am not inclined to grant bail to
the petitioner.
This bail application is accordingly dismissed.
(V.RAMKUMAR, JUDGE)
mt/-