IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 8851 of 2011() ----------------------------- CBCID Crime No.111/CR/HHWII/EKM/11 (North Paravur Police Station Crime No.346 of 2011). PETITIONER : ACCUSED : ---------------------- K.N.RAJAN, S/O.G.NANU, AGED 59 YEARS, AKKERIPARAMBIL HOUSE, ESI ROAD, PALLURUTHY, KOCHI-6. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON SRI.GLEN ANTONY SMT.M.VANAJA RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH CRIMINAL INVESTIGATON DEPARTMENT CBCID HHW-II, ERNAKULAM, INVESTIGATING CRIME NO.346/2011 OF NORTH PARAVUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PIN-682 031. PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8851 of 2011 ---------------------------------------------- Dated this the 01st day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.98 in CBCID Crime No.111/CR/HHWII/EKM/11 (North Paravur Police Station Crime No.346 of 2011). 2. The offences alleged against the accused are under Sections 366-A, 354, 372, 373, 376 (2) (g), 506 (i), 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. 3. The gist of the prosecution case is the following: The victim, a girl aged below 16 years, was taken to several places within the State and in the neighbouring States under force and threat and she was compelled to have sexual intercourse with several persons against her will and without her consent for the period from 03-05-2010. The First Information Statement was given by the victim on 07-03-2011. The father of the victim is a real estate broker and a person Bail Appln.No.8851/2011 : 2 : who supplies junior artists to film makers. On 03-05-2010, the victim was taken by her father to a hotel at Panampilly Nagar, Ernakulam, stating that they had to meet ‘film people’. After leaving the victim in the room in the hotel, father of the victim left the place. The victim was raped by the man who was in the room. Thereafter, on that date and on the following days, she was taken to several places in and around Ernakulam city, Mysore, Ooty, Thiruvananthapuram, Kannur, Chalakkudy, Athirappilly, Munnar, Bangalore, Thrissur, Mapranam, Coimbatore etc. On 1-1-2011, the father of the victim took her to Coimbatore and entrusted her to a man and woman. They took the victim to a house where she was locked. She was subjected to forceful sex by twelve persons who visited the house. The victim escaped from that house and after reaching her native place, she disclosed the matters to her paternal uncle and other relatives. They advised the victim to inform the matter to the police. 4. The allegation is that the victim was brought by her father in front of Oberon Mall at Ernakulam. From there accused No.12 (Jancy) took the girl in her car and went to Bail Appln.No.8851/2011 : 3 : Vyttila. The petitioner and accused No.99 were waiting at Vyttila. They took the girl to hotel Mermaid. The petitioner returned from the place. It is alleged that accused No.99 sexually abused the girl at the hotel. The petitioner was paid Rs.15,000/- by accused No.99. 5. When he Bail Application came up for hearing on 29th November, 2011, the following order was passed:- “It is submitted that the petitioner had undergone surgery for Fistula on three occasions. It is submitted that he has to use napkins and the napkins have to be changed atleast thrice a day. The counsel also submits that there is no permanent cure for this disease and the petitioner would be put to great prejudice if he is detained further in jail. Learned Public Prosecutor will get instructions. Post on 1.12.2011.” 6. Today the learned Public Prosecutor submitted on instructions, that the submission made by the learned counsel for the petitioner and the matters mentioned in the order dated 29th November, 2011 are true. 7. Taking into account the illness of the petitioner and the facts and circumstances of the case, I am of the view that bail can be granted to the petitioner. Bail Appln.No.8851/2011 : 4 : 8. The petitioner shall be released on bail 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-I, 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; e) The petitioner shall fully co-operate in the matter of Test Identification Parade. f) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; Bail Appln.No.8851/2011 : 5 : g) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; h) 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 skj