IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 7060 of 2011() ----------------------------- CRIME NO.756/2011 OF KOTHAMANGALAM POLICE STATION ERNAKULAM DISTRICT. PETITIONER/ACCUSED ---------------------- SUKESH A.S., ANNAMKUZHI HOUSE, METHALA P.O., KURUPPAMPADY (VIA), PERUMBAVOOR. BY ADV. SRI.R.MANOJ RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7060 of 2011 ---------------------------------------------- Dated this the 02nd day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.8 in Crime No.756 of 2011 of Kothamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 366-A, 372, 373, 376 and 354 read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The victim is a minor girl. The allegation is that she was sexually abused by several persons at different places in and around Kothamangalam. The allegation against the petitioner is that in February, 2011, he along with accused Nos.7 and 29 took the girl to a lonely place in a car driven by the petitioner. Accused Nos.7 and 29 sexually abused the girl. The allegation against the petitioner is that he guarded the scene from being watched by others. There is no allegation that the petitioner committed sexual inter course with the girl. The petitioner was arrested on 30/07/2011 and he was Bail Appln.No.7060/2011 : 2 : remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for `50,000/- (Rupees Fifty 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: A) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, Kothamangalam. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate. B) The petitioner shall not enter into the limits of Kothamangalam Police Station for a period of one month. Bail Appln.No.7060/2011 : 3 : C) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of one month and thereafter on Mondays or until further orders; 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. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE skj