IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Bail Appl..No. 7432 of 2009() ----------------------------- CRIME NO.666/2009 OF KASARAGOD POLICE STATION .................... PETITIONER/3RD ACCUSED ------------------------------------------ AMEER K.M., AGED 40 YEARS, S/O.N.K.CHERIYA BHAVA, THALANKARA KADAVATHU HOUSE, THALANKARA GRAMAM, KASARAGOD DISTRICT (NOW RESIDING AT QUARTERS, DHELI JUNCTION). BY ADV. SRI.M.SASINDRAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.666 OF 2009), KASARAGOD POLICE STATION, KASARAGOD. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7432 of 2009 --------------------------------------------- Dated this the 17th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.666 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 366A, 376, 506, 511 of 376 and 109 read with Section 34 of the Indian Penal Code and Sections 3(1)(xi)(xii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The victim is a girl below the age of 16 years. She belongs to a Scheduled Tribe. She hails from an interior place in Karnataka State. Her father is no more. Her mother is engaged in Coolie work. The family of the victim came to Kasaragod in search of employment. They came to the hands of the fifth accused Koliyadukkam Ayisha @ T.K.Ayisha. The victim girl was brought to the house of Jasmine, the daughter of Ayisha as a maid servant. There are materials to indicate that in the house of Jasmine and Ayisha, persons, both men and women, used to visit. BA No.7432/2009 2 4. The victim was once taken to Mangalore by Ayisha and Ameer, the 3rd accused. They stayed in a lodge. While going to Mangalore, an unidentified person boarded the car. At Mangalore, Ayisha and Ameer put the victim in a room and the unidentified man was allowed to remain in that room. He tried to have sexual relationship with the girl. She did not agree. The attempt to commit rape also did not succeed. 5. The girl was taken back to Kasaragod. Again, on another date, she was taken to Mangalore. By that time, Ayisha had gained acquaintance with a chronic bachelor, by name, Raviraj Bhat, accused No.6. After taking the girl to Mangalore, she was forced to remain with Raviraj Bhat in a room. Raviraj Bhat committed rape on the victim. 6. Successive incidents of rape continued. Ayisha, Jasmine, Ameer and others enjoyed in the misery of the girl and they could make money by subjecting the victim girl to the atrocities at the hands of influential and powerful persons. 7. The petitioner was arrested on 23.9.2009. It is submitted that Raviraj Bhat was granted bail by this Court as per the order dated 8.12.2009 in Bail Application No.7156 of 2009. 8. Taking into account the facts and circumstances of the BA No.7432/2009 3 case, the nature of the offence, the present stage of investigation and the fact that the petitioner is in judicial custody since 23.9.2009 and also the fact that bail was granted to Raviraj Bhat, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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 csl