Haris vs State-Represented By Public … on 29 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4048 of 2009()


1. HARIS, AGED 34 YEARS,
                      ...  Petitioner

                        Vs



1. STATE-REPRESENTED BY PUBLIC PROSECUTOR,
                       ...       Respondent

2. THE STATION HOUSE OFFICER,

                For Petitioner  :SRI.M.SASINDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :29/07/2009

 O R D E R
                        K.T. SANKARAN, J.
                     ---------------------------
                      B.A. No. 4048 of 2009
                   ------------------------------
                Dated this the 29th day of July, 2009


                             O R D E R

This is an application for bail under Section 439 of the Code

of Criminal Procedure. Petitioner is the first accused in Crime

No.476/2009 of Kasaragod Police Station.

2. The offences alleged against the petitioner are under

Sections 376 and 366 (A) of the Indian Penal Code.

3. The victim, Fathimath Zuhra was a minor at the relevant

time. She was in the Yatheem khana, till she attained the age of

puberty. Since the girl could not stay in a Yatheem Khana after

she attained the age of puberty, she was taken to the house by

her mother. She was living in a rented building. A neighbour by

name Vahida, enticed Fathimath Zuhra and led her to several

places and she was subjected to rape by about 15 persons on

different dates. The petitioner is one among them.

4. The petitioner was arrested on 7.7.2009 and he was

remanded to judicial custody.

5. I have gone through the Case Diary.

B.A.No. 4156 of 2009 2

6. The learned Public Prosecutor submitted that the

investigation is not complete and 15 other crimes were registered

by the Kasaragod Police against the accused persons concerned. He

submitted that, if the petitioner is released on bail at this stage,

there is every likelihood

of the petitioner intimidating or influencing the witnesses or

tampering with the evidence. This submission deserves acceptance.

6. Taking into account the facts and circumstances of the

case, the nature and gravity of the offence and the allegations

leveled against the petitioner, I do not think that the petitioner can

be released on bail at this stage.

The Bail Application is accordingly dismissed.

K.T. SANKARAN, JUDGE

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