IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6722 of 2011() ----------------------------- CMP.1383/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM Cr. No.756 of 2011 of Kothamangalam Police Station PETITIONER/15TH ACCUSED ------------------------------------------- NAJEEB @ NAJAS, AGED 31 YEARS, S/O. KARIM, RESIDING AT EDAPPARA HOUSE, NELLIKUZHI KARA, ERAMALLOOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, (INVESTIGATION OFFICER IN CR.NO.756/2011 OF KOTHAMANGALAM POLICE STATION), REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, SHANMUGHAM ROAD, ERNAKULAM, COCHIN-682 031. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6722 OF 2011 --------------------------------- Dated this the 26th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.26 in Cr. No.756 of 2011 of Kothamangalam Police Station. 2.The offences alleged against the petitioner are under Sections 366-A, 372, 373, 376, 376(2)(g) and 354 read with 34 of the Indian Penal Code. 3.The prosecution case is that a girl, aged below 16 years, was sexually exploited by several young men. The allegation against the petitioner is that he drove the car in which one Backer went to the house of the victim. The victim was taken in the car and it was parked at the parking ground of the Revenue Tower, Kothamangalam. At that place, Backer sexually exploited the girl. The allegation is that the petitioner waited outside the car to see whether any other B.A.No.6722 OF 2011 2 person was coming to that place. 4. The petitioner was arrested on 4.7.2011. B.A.No.5809 of 2011 filed by the petitioner was dismissed by the order dated 28.7.2011. Investigation has progressed as much thereafter. 5. The learned counsel for the petitioner submitted that there is no allegation that the petitioner did any sexual act towards the girl. 6.Taking into account the facts and 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. 7.The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kothamangalam, subject to the following conditions: B.A.No.6722 OF 2011 3 A) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, Kothamangalam. If the Passport is already seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by the petitioner to that effect shall be filed before the learned Magistrate; B) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on every Monday and Thursday for a period of two months and thereafter on every Monday, till the final report is filed or until further orders. C) The petitioner shall not enter into the Police Station limits of Kothamangalam Police Station for a period of two months. However, the petitioner would be entitled to enter such limits for a period up to 31st August, 2011 to celebrate Ramzan. D) The petitioner shall appear before the investigating officer for interrogation as and when required; 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. B.A.No.6722 OF 2011 4 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms