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2009 Supreme(Online)(KER) 6999

HIGH COURT OF KERALA
K.T.SANKARAN, J
MUNIYANDI – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.729 of 2009 of Munnar Police Station.

2. The offences alleged against the petitioner are under Section 120B and Section 511 of 376 read with Section 34 of the Indian Penal Code.

3. The gist of the prosecution case is the following: The de facto complainant is a girl aged 19 years. She is studying for Teachers Training Course. Her father, the first accused, and the second accused conspired together and the girl was taken to Thiruvananthapuram. The first accused and the de facto complainant stayed in a lodge. The second accused stayed in another lodge. The de facto complainant was told that the second accused will make arrangements for getting a job for the de facto complainant. The girl was taken to the room in which the second accused was staying. He attempted to commit the BA No.6953/2009 2 offence under Section 376 IPC. The girl did not yield. Later, she was taken to the room in which the father was staying. It is alleged that the father also attempted to commit rape on her. It is also alleged that on earlier occasions also, the father had made such a

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