IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Bail Appl..No. 4457 of 2009() ----------------------------------- CMP.912/2009 of DISTRICT COURT, MANJERI CRIME NO. 304/2009 OF PONNANI POLICE STATION .................... PETITIONERS/ACCUSED ; -------------------------------------- 1. ANEESH @ BABU, S/O. MUHAMMED KUTTY, ANGADIPARAMBIL HOUSE, KALADI, PONNANI TALUK, MALAPPURAM DISTRICT. 2. SUBRAMANIAN, CHOZHUVALAPPIL HOUSE, KALADI, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.B. ARUNKUMAR RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, PONNANI REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4457 of 2009 ------------------------------------ Dated this the 19th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2 and 6 in Crime No. 304/2009 of Ponnani Police Station. 2. The offences alleged against the accused persons are under Sections 4, 5 and 7 of the Immoral Traffic Prevention Act and Sections 376 (g) and Section 366 A of the Indian Penal Code. 3. The date of occurrence was on 1.07.2009 at Kalady near the KSRTC workshop. The place is a lonely place. At 4.45 A.M., the accused persons were arrested from the spot by the police. The allegation is that two minor girls belonging to Calcutta, who were working in Banglore, were brought to Kerala by the accused Nos. 3 and 4 with the help of the seventh accused. They were taken to different places under threat and were subjected to sexual intercourse by several persons including some of the accused persons. On 1.07.2009, they were forcibly taken to the place of occurrence and they were raped by the accused persons B.A. No.4457 of 2009 2 inside the car. 4. The petitioners filed Bail Application No.3905/2009, which was dismissed by me as per the order dated 20.07.2009. The investigation has progressed much and it is at final stage. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing a bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Ponnani subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the B.A. No.4457 of 2009 3 prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln