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ANSARI @ ATHU, S/O.KABEER KUTTY v. STATE OF KERALA - Bail Appl No. 7531 of 2006  RD-KL 151 (3 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 7531 of 2006()
1. ANSARI @ ATHU, S/O.KABEER KUTTY,
1. STATE OF KERALA,
For Petitioner :SRI.SIJU KAMALASANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.B.A.NO.7531 OF 2006 Dt. JANUARY 3, 2007
ORDERPetitioner 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 BA 7531/2006 Page numbers 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 BA 7531/2006 Page numbers 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 BA 7531/2006 Page numbers 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.
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