IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl.No. 8751 of 2011() ----------------------------- CRMP.3099/2011 of J.M.F.C. - I, PARAVUR (Crime No:111/2011 of CBCID HHW II, Ernakulam (Cr.346/2011 of Paravur Polic Station) on the file of the Judicial First Class Magistrate's Court-I, N.Paravur) .................... PETITONER(S): PETITIONER/ACCUSED NO.90 -------------------------------------- DR. HARI ABDUL AZEEZ, AGED 43 YEARS, S/O ABDUL HAZEEZ, ARYATTU HOUSE, MANNAR BHAGAM, PAVOOKKARA DESOM, KORATTISSERY VILLAGE, ALAPPUZHA, NOW RESIDING AT 101, MEENAKSHI APARTMENT, PALLIYIL LANE, DIWANS ROAD, ERNAKULAM DISTRICT. BY ADV. SRI.T.T.MUHAMOOD SRI.C.ANILKUMAR (KALEESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY DETECTIVE INSPECTOR CBCID HHW II, ERNAKULAM - CRIME NO.111/2011(CR. 346/2011 OF PARAVUR POLICE STATON), REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: bka K.T.SANKARAN, J. --------------------------- B.A.No.8751 of 2011 --------------------------- Dated this the 10th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.90 in Crime No.111 of 2011 of C.B.C.I.D. H.H.W. II, Ernakulam. 2. The offences alleged against the petitioner are under Sections 366A, 354, 376(2)(g), 506(1), 342 and 202 read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3. The petitioner is a doctor who was working in Lourd's Hospital, Ernakulam. He had a flat near the hospital. The allegation is that he procured the victim girl with the help of Subaida (accused No.13). The allegation is that the petitioner took them to his flat at Pachalam. The victim was sexually abused by Nazeer (accused No.91) and Padmakumar (accused No.92). BA 8751/11 2 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the CD file. 5. There is no specific allegation that the petitioner had sexually exploited the girl. It is true that apart from Section 376 IPC, the offences under Sections 372 and 373 IPC are also alleged. 6. The learned counsel for the petitioner submitted that due to close association with accused No.91 Nazeer, key of the flat was given to him. On arriving at the flat from the hospital, the petitioner was told by Nazeer that the victim and a lady available with him are his relatives. The counsel also submitted that only on the next day morning the petitioner realised that there was something wrong in the relationship. 7. The investigation is continuing. All the materials have not been collected in so far as it relates to the petitioner. The petitioner was arrested only on 10.10.2011. 8. Taking into account the peculiar facts and BA 8751/11 3 circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner with effect from 25.11.2011. The petitioner shall be released on bail only on 25.11.2011 on his executing bond for ` 50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, North Paravur, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class I, North Paravur. If the Passport was seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; b) The petitioner shall not either directly or indirectly contact the victim or Sudheer (accused No.1 - father of the victim), in any manner whatsoever, till the trial of the case is over; c) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter, on all Mondays till the final report is filed or until further orders; d) The petitioner shall appear before the investigating officer for interrogation as and when required; BA 8751/11 4 e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. K.T.SANKARAN JUDGE csl