Petition filed under Section 439 Cr.P.C.
2. Petitioner is the 5th accused in Crime No.734/2014 of the Neyyardam Police Station, registered for the offences punishable under Sections 354 read with Section 34 of the Indian Penal Code, Sections 3(1) (xi) of the Schedule Castes and Schedule Tribes (Prevention and Atrocities) Act, 1988 and Sections 12 and 17 of the Protection of Children from Sexual Offences Act, 2012.
3. This is a case which unfurls calculated move by certain persons to molest tribal women, girls and even children without the intervention of the public. It is alleged that the petitioner, who is a so called leader of a political party, had arranged a tour programme for the tribal people, allegedly for participating in a party meeting at Kottayam. The poor tribal people were offered food and free travel facility in an attractive tourist bus. Attracted by the said offer, those poor people went into the fire just as fireflies and they entered the bus along with the said persons, and proceeded to Kottayam. On their way back in the night, all the lights in the bus were switched off and the music system was turned on to the maximum volume. In the mean time, liquor was freely supplied to the male members of the tribal group and thereafter, almost all the women, girls and even children were molested. Their modesty was severely outraged. Their cries died down in the bus, just as wild cries. All the women were sexually abused and harassed to the maximum in the running bus. Petitioner has been in custody for the period from 04.11.2014 onwards. Some of the other accused are yet to be arrested.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the C.D.
5. The contents of the CD speak volumes against the petitioner. It, prima facie, reveals the complicity of the petitioner. The allegations against the petitioner are very grave and serious. Investigation of this case is not over. Considering the seriousness of the allegations against the petitioner and the present stage of investigation, I am of the view that the petitioner is not entitled to be enlarged on bail.
In the result, this Bail Application is dismissed.
B. KEMAL PASHA, JUDGE ul/-
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