IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 4324 of 2009() -------------------------------------- CRIME NO.103/2009 OF VENGARA POLICE STATION, MALAPPURAM . .................... APPLICANTS/ACCUSED 2 & 3 -------------------------------------------- 1. SAFEEQUE, AGED 2 YEARS,S/O.SAIDALAVI, PERUVANKUYYAN,PARAPPUR, KOTTAKKAL,MALAPPURAM DISTRICT. 2. NAZEER CHEMBAKASSERI, AGED 23 YEARS, S/O.KUNHALAN,CHEMBAKASSERI HOUSE,PARAPPUR,KOTTAKAL MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,REP; BY THE S.H.O,VENGARA POLICE STATION. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4324 of 2009 ------------------------------------ Dated this the 7th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 2 and 3 in Crime No.103/2009 of Vengara Police Station. 2. The offences alleged against the petitioners are under Sections 363, 366 A and 376 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 22/04/2009, the victim girl was taken by the first accused with the help of accused Nos.2 and 3 to Palakkad. Accused Nos. 2 and 3 dropped the victim and the first accused at Palakkad. Thereafter, the victim as well as the first accused went to Ervady, Pollachi and other places. The first accused had sexual intercourse with the victim. They came back to Mannarkkad and stayed in a resort from where there was sexual relationship between the girl and the first accused. The employer of the first accused was contacted by the first accused and the girl and he intervened in the matter. He informed the parents of the girl. The brother of B.A. No.4324 / 2009 Page numbers the girl came to Mannarkkad. A crime was registered. The girl was produced before the learned Magistrate. Statement of the girl was recorded by the learned Magistrate on 30/04/2009. The girl stated before the Magistrate that she was in love with the first accused and that they had gone to various places mentioned above. She stated it was with her consent that the first accused had sexual intercourse with her. The girl went to her house along with her mother and brother. 4. On 25/05/2009, the mother of the girl filed a complaint before the learned Magistrate against the first accused alleging that the girl was forcibly taken by the first accused and he sexually assaulted the girl. Offences under Sections 361, 362, 363, 366 A and 376 read with Section 34 were alleged. The name of the petitioners herein were mentioned in the complaint, but they were not as such made parties on the ground that the complainant did not know their address. It is stated that the learned Magistrate ordered to conduct an enquiry under Section 202 of the Code of Criminal Procedure and the case was posted to 1/06/2009. It is stated, on 1/6/2009, the complainant B.A. No.4324 / 2009 Page numbers as well as the girl were not present before the learned Magistrate. On 30/5/2009, the mother of the girl filed a petition before the District Superintendent of Police, which was forwarded to the Sub Inspector of Police and accordingly Crime No.103/2009 of Vengara Police Station, was registered. The petitioners are accused Nos.2 and 3 therein. They apprehend arrest and therefore, this Bail Application is filed. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; B.A. No.4324 / 2009 Page numbers C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm