The Court dismissed bail applications filed by accused individuals charged under Section 366-A IPC read with Section 34 IPC for abduction and forcible intercourse involving a minor victim. The Court noted ongoing investigation and the risk of witness intimidation.
Rejection of bail applications for all accused parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
THURSDAY, THE 7TH DECEMBER 2006 / 16TH AGRAHAYANA 1928
Bail Appl..No. 6954 of 2006() ----------------------------CRIME NO. 686/06 OF KOTTIYAM POLICE STATION ....................
PETITIONER/1ST ACCUSED:
ANSARI @ ATHU, S/O. KABEER KUTTY, VADAKKUMKARA PUTHEN VEEDU, NEAR MES JUNCTION, VELICHIKKALA P.O., NEDUMPANA VILLAGE, KOLLAM DISTRICT.
BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR
RESPONDENTS: STATE:
STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.P.N. SUKUMARAN
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2006, ALONG WITH BA NO. 6958 OF 2006 THE COURT ON 07-12-2006 PASSED THE FOLLOWING:
V. RAMKUMAR, J.
*** * * * * * * * * * * * * * * * * * B.A. 6954/06 & B.A. NO. 6958/06 * * * * * * * * * * * * * * * * * * Dated, this the 7**th day of December 2006
ORDER
B.A. 6954/06 is an application for regular bail filed by the first accused in Crime No. 686/06 of Kottiyam Police Station for offences punishable under Sections 366 (A) and read with Sec. 34 I.P.C. The occurrence took place on 30-10-2006 and the first accused was arrested on 4-11-2006.
the following persons:-
B.A. 6954/06 & B.A. NO. 6958/06 -:2:-
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 o 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 a medical store which 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 condoms. At about 9'0 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
B.A. 6954/06 & B.A. NO. 6958/06 -:3:-
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 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 on the next day only 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.
These bail applications are accordingly dismissed.
Sd/-V. RAMKUMAR, (JUDGE)
ani.
/true copy/
P.A. to Judge.
1 issue framed by the court
Whether bail can be granted to accused facing charges of kidnapping and sexual intercourse under Section 366-A IPC.
1 provisions across 1 enactments
Ansari @ Athu
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
