IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 7878 of 2011 CRIME NO.698 OF 2011 OF NJARAKKAL POLICE STATION, ERNAKULAM. PETITIONERS/ACCUSED NOS. 17, 20 AND 21: ---------------------------------------- 1. CHANDRAN, S/O.CHALA, MELEPURAKKAL VEEDU KOTTAPADAM, NEAR DHARMASASTHA TEMPLE, CHUNGATHARA, NILAMBUR, MALAPPURAM DISTRICT. 2. MUHAMMED ALI, S/O.AVARAN, MADURAKARAYIL VEEDU, ELAMBILAKKODU, AKAMPADAM, NILAMBUR, MALAPPURAM DISTRICT. 3. CHELLAPPAN, S/O.PAPPU, CHEMMANCHIRA VEEDU, NEAR ST.GEORGE MALANKARA CATHOLIC CHURCH, CHUNGATHARA, NILAMBUR, MALAPPURAMDISTRICT. BY ADV. SRI.BABU S. NAIR SRI.SUNIL KUMAR A.G RESPONDENT: STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 3/10/2011, THE COURT ON 11/10/2011 PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7878 OF 2011 ------------------------------------------------------ Dated this the 11th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.17, 20 and 21 in Crime No.698 of 2011 of Njarakkal Police Station, Ernakulam District. 2. The offences alleged against the petitioners are under Sections 366A, 376(2)(g) and 354 of the Indian Penal Code. 3. The prosecution case is that the victim girl was sexually abused by several persons at several places while she was below 16 years of age. The victim gave a statement dated 20.6.2011 to the police, on the basis of which the FIR was registered. In the First Information Statement, the victim stated the names of six persons who allegedly committed the offence. Later, the statement of the victim under Section 164 of the Code of Criminal Procedure was BAIL APPL. NO.7878 OF 2011 :: 2 :: recorded before the Judicial Magistrate of the First Class I, Kochi. In that statement, the victim girl disclosed the names of several persons who allegedly sexually abused her. In the First Information Statement and the statement under Section 164 of the Code of Criminal Procedure, the victim did not mention the names of the petitioners. Later, the victim informed the investigating officer that she wanted to give some more disclosures. The investigating officer recorded her statement on 21.7.2011 in which the names of the petitioners and certain others were mentioned. 4. The petitioners were arrested on 7.9.2011 and they are in judicial custody since then. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the Case Diary. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of BAIL APPL. NO.7878 OF 2011 :: 3 :: investigation, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing bond for Rupees Fifty thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Kochi, subject to the following conditions: a) The petitioners shall surrender their Passports before the Court of the Judicial Magistrate of the First Class I, Kochi. If the petitioners do not have any Passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; 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 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 petitioners shall appear before the investigating officer for interrogation as and when required; e) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; BAIL APPL. NO.7878 OF 2011 :: 4 :: f) The petitioners 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. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/