IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Bail Appl..No. 7425 of 2009 CRIME NO.870 OF 2009 OF CHERANELLUR POLICE STATION, ERNAKULAM PETITIONERS: ACCUSED NOS.1 & 2: -------------------- 1. SOJA JAMES, W/O. JAMES, AGED 39 YEARS, EDATHATTAYIL HOUSE, KALLOORKAD, MUVATTUPUZHA. 2. DEEPU, AGED 32 YEARS, S/O. BOSE, PULIYANEEZHATHU VEEDU, POTTAKUZHI, PACHALAM, ERNAKULAM. BY ADV. SRI.N.A.SHAFEEK SRI.P.A.MUJEEB RESPONDENT: COMPLAINANT -------------------------- THE C.I OF POLICE, E.T NORTH POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. DIRECTOR GENERAL OF PROSECUTION SIR.V.G.GOVINDAN NAIR PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 5/1/2010, ALONG WITH BA NOS.7426 AND 7688 OF 2009, THE COURT ON 15/1/2010, PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.7425, 7426 & 7688 OF 2009 ------------------------------------------------------ Dated this the 15th day of January, 2010 O R D E R The petitioners in B.A. Nos.7425 and 7426 of 2009 are Soja James and Deepak alias Deepu, accused Nos. 1 and 2 in Crime No. 870 of 2009 of Cheranellur Police Station and accused Nos.1 and 2 Crime No.2105 of 2009 of Central Police Station, Ernakulam. Lilly Jose, the petitioner in B.A. No.7688 of 2009 is accused No.4 in Crime No.870 of 2009 of Cheranelloor Police Station, Ernakulam. These Bail Applications are filed under Section 439 of the Code of Criminal Procedure. 2. Soja James and Deepak alias Deepu were arrested on 27-10-2009. Lilly Jose surrendered before Court on 16-11-2009. All of them are in judicial custody. 3. The offences alleged against the accused persons are under Sections 372, 373, 366A, 376, 212 and 120B of the Indian Penal Code. B.A. NOS.7425, 7426 & 7688 OF 2009 :: 2 :: 4. The victim girl, who was born on 24/8/1993, happened to come to Thrissur for the purpose of participating in an interview for the selection of film actresses. Soja James got acquainted with the girl and her mother. This acquaintance led to the subsequent events. The girl started staying in the house of Soja James. Deepak alias Deepu is the driver and helper of Soja James. The allegation is that the victim girl was subjected to forceful sexual intercourse at least by eighteen persons at the instance of Soja James and Deepu. Lilly Jose also acted as an agent in some of the dealings. 5. The victim girl's grand-father was undergoing detention in a murder case. The grand-father of the girl introduced one George, who was also undergoing detention in a murder case, to his daughter Sreeja and proposed a marriage. George married Sreeja, the mother of the victim, while the former was on parole. In that relationship, the victim girl was born. After a few years, it would appear that George deserted Sreeja. Sreeja went abroad. She was working in a Gulf country for few years. At that time, the girl was entrusted to the custody of one Ramesan, a neighbour of Sreeja. While Sreeja returned from the Gulf country, she took Ramesan also to Gulf. Later, Ramesan married Sreeja. They together came back to India. B.A. NOS.7425, 7426 & 7688 OF 2009 :: 3 :: 6. The victim girl had occasion to act in a small role in the film Keralavarma Pazhassi Raja, for which she got Rs.3,000/-. She got acquaintance with a person there. He invited the girl to come to Thrissur for an interview for selection of film actress. That person introduced Soja James to the girl and her mother and stated to them Soja James could arrange opportunities in the film field. The girl was invited to Soja's house. Thereafter, there was constant contact between Sreeja, the mother of the girl and Soja James. It is stated that Sreeja was finding it difficult to raise funds for going abroad. It is also alleged that at that time, Soja James gave Rs.30,000/- to Sreeja. The victim girl was brought to the house of Soja James. 7. The prosecution case is that the victim girl was taken to different places by Soja James and her associate Deepu and the girl was presented to several customers, who committed rape on her at different places. Huge amounts were being collected by Soja James on this account. The girl was taken to different houses, lodges, flats and even to a house boat. 8. At last, the victim girl was taken to a flat at Ernakulam, B.A. NOS.7425, 7426 & 7688 OF 2009 :: 4 :: from where police apprehended her along with one Lavanya and two others on 22-9-2009. Crime No.2105 of 2009 of Central Police Station, Ernakulam was registered under Sections 5 and 8 of the Immoral Traffic (Prevention) Act. The girl and the other persons were produced before the Chief Judicial Magistrate, Ernakulam. The learned Magistrate expressed a doubt as to whether the girl had attained majority. On further verification, it was found that the girl had not attained majority. Accordingly, Crime No.2220 of 2009 of Central Police Station, Ernakulam was registered for the offences under Sections 120-B, 366-A and 376 I.P.C. Since the offences were committed within the jurisdictional limits of Cheranellur Police Station, the Crime was transferred to that Police Station, where the crime was re-numbered as Crime No.870 of 2009. Sections 372, 373 and 212 of I.P.C. were added during the course of investigation. In Crime No.2105 of 2009 of Central Police Station, Ernakulam, the offence under Section 366-A was added. 9. The petitioners in these Bail Applications were arrested on the dates mentioned above. They moved applications for bail before the Sessions Judge. The learned Sessions Judge dismissed those applications. B.A. NOS.7425, 7426 & 7688 OF 2009 :: 5 :: 10. The investigation is not over. Investigation revealed that the victim girl was subjected to forceful sex by several persons. The persons who allegedly raped the girl were from different walks of life. Among them, there was a student aged about 23 years and an Engineer aged about 60 years. Some others were employed abroad. The girl was taken to a lodge in Munnar, in a house boat at Alapuzha and several other places including lodges and flats. In the house of Soja James also, the girl was compelled to mate with several persons. 11. I do not think, in the facts and circumstances of the case, bail can be granted to Soja James and Deepak alias Deepu. They were mainly responsible for driving the girl to the world of sex with very many persons whom the girl did not know. I do not think any girl would like to have such a life. Even a love affair between a girl of that age and a young man is understandable. But certainly, a girl of the age of the victim would not like to have sex with different persons, some whom have attained the age of her father, on the same day and on successive days. The acts of Soja James and Deepak alias Deepu, if true, are unpardonably cruel. They destroyed the life of a girl for the sake of greed for money. The materials B.A. NOS.7425, 7426 & 7688 OF 2009 :: 6 :: collected during investigation, prima facie, would establish the complicity of Soja James and Deepak alias Deepu in the offence. If they are released on bail at this stage, there is every likelihood of the evidence being tampered and the witnesses being influenced. It is also likely that they may make themselves scarce. Therefore, I am inclined to dismiss B.A. Nos.7425 of 2009 and 7426 of 2009. 12. The case of Lilly Jose (petitioner in B.A. No.7688 of 2009) stands on a different footing. The allegation is that she acted as an agent in some instances. Taking into account the facts and circumstances of the case and the duration of judicial custody undergone by her, I am of the view that bail can be granted to her on stringent conditions. It is also relevant to note that bail was granted to accused Nos. 5,6,7,9,12,13, 14 and 19, as per the order dated 30th November 2009. 13. The petitioner in B.A. No.7688 of 2009 (Lilly Jose) shall be released on bail on her executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Ernakulam subject to the following conditions:- B.A. NOS.7425, 7426 & 7688 OF 2009 :: 7 :: A) The petitioner in B.A.No.7688 of 2009 shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioner in B.A.No.7688 of 2009 shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner in B.A.No.7688 of 2009 shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner in B.A.No.7688 of 2009 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. For the aforesaid reasons, B.A.Nos.7425 of 2009 and 7426 of 2009 are dismissed and B.A.No.7688 of 2009 is allowed in the manner indicated above. (K.T.SANKARAN) Judge ahz/