IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6201 of 2008()
1. SINOJ, AGED 25, S/O.SASIDHARAN,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. STATE OF KERALA,
For Petitioner :SRI.M.H.HANIL KUMAR
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :07/10/2008
O R D E R
K.HEMA, J.
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B.A.No. 6201 of 2008
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Dated this the 7th October, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 366A and 376 read
with 34 of Indian Penal Code. According to prosecution, petitioner
and other accused committed rape on the victim, who is aged 16
years, on different dates and different places and on the statement
given by the girl, a crime was registered.
3. Petitioner is the second accused in the crime. He was
arrested on 20.7.2008 and he is in custody since then. Learned
counsel for petitioner submitted that taking into consideration the
long period of detention, he may be granted bail. He is prepared to
abide by any condition, it is submitted.
4. This petition is strongly opposed. Learned Public
Prosecutor submitted that this is a case in which a minor girl, who
is aged 16 years, was sexually assaulted by several persons at
several places. Petitioner is the second accused, who has also
committed rape on her. The girl has become pregnant and delivered
a child also and if the petitioner is released on bail, it is likely that
he will influence the witnesses and tamper with evidence. The
investigation is not yet complete and all the accused involved are
BA.6201/08 2
not arrested and if the petitioner is granted bail at this stage, it will
adversely affect the investigation, it is submitted.
5. On hearing both sides, I am satisfied that granting of bail to
the petitioner at this stage, it will adversely affect the investigation
and it is not fit to grant bail to the petitioner at this stage.
Petition is dismissed.
K.HEMA, JUDGE
vgs.