~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.1202/2014 of Nedumangadu Police Station registered for the offences punishable under Sections 341, 323, 506(ii) and 376 IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.
3. This is a case wherein a 17 year old girl was repeatedly subjected to penetrative sexual assault of the highest degree by the petitioner. The petitioner, who is the neighbour of the de facto complainant girl, had access to her house. Her father was bedridden and paralytic. When there were no other persons in the house, he gained entry to the kitchen of the house and attempted to commit rape on the girl. When she cried aloud, he had threatened her by showing her photographs in his mobile, which were taken without her knowledge. Another nude photograph of a girl with the morphed face of the de facto complainant was also shown to her and he threatened her that it would be made public. Thereafter, he had forced her to have contacts with him over the mobile by entrusting a mobile phone to her. As she was afraid of the petitioner, she had no other go than to accept the mobile phone and to attend his calls. Thereafter, by blackmailing her, he had repeatedly made aggravated penetrative sexual assaults with her and some of the scenes were video-graphed by him by using mobile phone. She was used to be beaten up on several occasions by him even publicly. Lastly, the girl decided to report the matter to the police. The petitioner has been in custody for the period from 06.09.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The facts are self speaking. The contents of the CD, prima facie, reveal the complicity of the petitioner. It has also come out that as the matter has been reported to the police and the petitioner was arrested, the father of the petitioner and his brothers had attacked one of the relatives of the de facto complainant, who is a lawyer by profession, for which crime No.1241/2014 of Nedumangadu Police Station has been registered. The allegations against the petitioner are very grave and serious. If the petitioner is enlarged on bail, it will be a threat to the life of the girl and her relatives. The investigating officer is directed to complete the investigation at the earliest and file the final report. Matters being so, I am of the view that this is not a fit case wherein the petitioner can be enlarged on bail.
In the result, this bail application is dismissed directing the investigating officer to complete the investigation at the earliest and to file the final report.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/13/11 /True Copy/ P.A. to Judge