IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 8832 of 2011() ----------------------------- CRMP.2970/2011 of J.M.F.C. - I, NORTH PARAVUR CRIME No.346/2011 OF NORTH PARAVOOR POLICE STATION .................... PETITIONER/ACCUSED 145 :- ------------------------------------------ MOIDEENKUTTY, S/O.KHADARKUTTY, AGED 40 YEARS, KARIVARAKKUNNATH HOUSE, KOOTTANADU P.O., PALAKKADU DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT(S)/COMPLAINANT :- ------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J. -------------------------------- B.A. No.8832 of 2011 ------------------------------ Dated this the 16th day of November 2011 O R D E R Petitioner is the 145th accused in Crime No.346/2011 of North Paravoor Police Station. The offences alleged therein are under Secs.366A, 354, 376, 376(2)g, 377, 506(1), 342, 202, 372 and 373 r/w 34 of IPC and Secs.4, 5, 6 & 7 of Immoral Traffic Prevention Act and Sec.23 of Juvenile Justice Act, 2000. 2. The learned Public Prosecutor submits that two minor girls were taken to the lodge owned by this petitioner, from where this petitioner and A146 had raped those girls. Learned Public Prosecutor submits that there are sufficient materials to hold that the allegation as against this petitioner is also true. It is further submitted that the Test Identification Parade, so far as it relates to this petitioner, has not been conducted and so, if bail is granted B.A. No.8832 of 2011 -: 2 :- to him, that will affect the investigation in this case. Learned counsel for the petitioner submits that the petitioner has been in custody from 21.9.2011 and so, considering the long period of detention the petitioner may be granted bail since the other accused were already granted bail on the expiry of 60 days. Since the offence under Sec.376(2)g is also there, petitioner cannot seek bail under Sec.167(2) Cr.P.C. However, considering the period of detention, the petitioner is granted bail with effect from 20.11.2011 on the following conditions :- (i)Petitioner will execute a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like amount. The sureties shall produce attested photocopies of the title deeds of their properties and also the recent basic tax receipt. (ii)Petitioner shall not influence or terrorise the witnesses or in any other way tamper the evidence or B.A. No.8832 of 2011 -: 3 :- interfere with the investigation. He will co-operate with the Investigating Officer for the conduct of proper investigation. (iii)He will also appear before the Investigating Officer on all Thursdays until further orders. (iv)He shall also appear before the Investigating Officer, if required, for conducting Test Identification Parade. (v)He shall not leave the State of Kerala without prior permission of the court. (vi)He shall also produce his passport. If he does not have any passport, he shall file an affidavit to that effect. But this condition shall be complied with only after he is released on bail but within a period of 7 days therefrom. N.K.BALAKRISHNAN, JUDGE. Jvt