IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 13TH SEPTEMBER 2011 / 22ND BHADRA 1933 Bail Appl..No. 7335 of 2011() ------------------------------------- (CRIME NO.756/2011 OF KOTHAMANGALAM POLICE STATION) ................................................ PETITIONERS/ACCUSED NO.18 AND 19: ----------------------------------------------------- 1. SHIHAB AGED 24 YEARS, S/O.ASSAINAR, ERAMTHURUTHYIL HOUSE, KUTTILANJI BHAGAM, POOVATHOOR KARA, IRAMALLOOR VILLAGE. 2. RAFEEQUE, AGED 24 YEARS, S/O.ALIYAR, CHETTUKUDIYIL HOUSE, POOVATHOOR KARA, IRAMALLOOR VILLAGE. BY ADV. SRI.P.V.ELIAS RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION (THE INVESTIGATING OFFICER IN CRIME NO.756/2011 OF KOTHAMANGALAM POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR M.H.HANILKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7335 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of September, 2011 ORDER This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail. 2. Petitioners are accused in Crime No.756 of 2011 of Kothamangalam Police Station for having committed offences punishable under Sections 366-A, 372, 373, 376, 376(2)(g) read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice Act. 3. This is yet another case in which a minor girl has been abused by a number of people, among them petitioners are also parties. The first petitioner, who is accused No.18, was the driver of the car in which the girl was transported. The second petitioner, who is accused No.19, was acted as the guard when the girl was molested. Petitioners were arrested on 19.7.2011 and remanded to custody. B.A.7335/2011. 2 4. It is pointed out by the petitioners that a major portion of the investigation is over and their custody is not necessary. Of course they also allege that they are totally innocent. 5. Learned Public Prosecutor opposed this application very vehemently and pointed out that the offences alleged are very serious and the role of the petitioners are to a considerable extent. It is also pointed out that if bail is granted to the petitioners, that may cause destroyal of the evidence and also that the vehicle in which the girl was transported is yet to be traced. 6. It is brought to the notice of this court that bail had been granted to two of the accused persons. The role of the first petitioner is that he was the driver of the vehicle in which the girl was transported and the role of the second petitioner is that he stood by when the girl was molested. Though it cannot be said that the petitioners are totally B.A.7335/2011. 3 innocent, their role is minor in character. Taking note of the fact that the petitioners were arrested on 19.7.2011, it is felt that they can be released on bail by imposing stringent conditions. 7. Petitioners shall be released on bail on each of them executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like sum each to the satisfaction of JFCM, Kothamangalam, subject to the following conditions: a) Petitioners shall surrender their Passports before the Court of the Judicial Magistrate of the First Class, Kothamangalam. If the Passports are already seized by the police or if the petitioners do not have Passports, an affidavit sworn to by the petitioners to that effect shall be filed before the learned Magistrate; B.A.7335/2011. 4 b) The petitioners shall not either directly or indirectly contact the victim, in any manner whatsoever, till the trial of the case is over; c) The petitioners shall not enter into the limits of Kothamangalam Police Station for a period of two months; d) The petitioners 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; e) The petitioners shall appear before the investigating officer for interrogation as and when required; f) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B.A.7335/2011. 5 g) The petitioners 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, bail shall be liable to be cancelled. This application is allowed as above. P. BHAVADASAN, JUDGE sb.