IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Bail Appl..No. 856 of 2010() ---------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7425/2009 Dated 15/01/2010 CRIME NO.870/2009 OF CHERANELLUR POLICE STATION, ERNAKULAM. .................... PETITIONER/ACCUSED -------------------------------------- DEEPAK P.B. @ DEEPU, AGED 32, S/O.BOSE, PULIYANESHATH VEEDU, POTTAKUZHI ROAD, PACHALAM. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR RESPONDENT/COMPLAINANT: --------------------------------------------- STATE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. GOVINDAN NAIR V.G, DGP THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2010, ALONG WITH BA NO. 937 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 856 & 937 of 2010 ------------------------------------ Dated this the 16th day of February, 2010 O R D E R These Bail Applications are filed under Section 439 of the Code of Criminal Procedure. B.A. No.856/2010 relates to Crime No. 870 of 2009 of Cheranellur Police Station, in which the petitioner (Deepak alias Deepu) is accused No.2. B.A. No.937 of 2010 relates to Crime No.2105 of 2009 of Central Police Station, Ernakulam, in which also the petitioner is accused No.2. 2. The offences alleged against the accused persons are under Sections 372, 373, 366A, 376, 212 and 120B of the Indian Penal Code. 3. 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 B.A. Nos. 856 &937 of 2010 2 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. 4. 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. 5. 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 B.A. Nos. 856 &937 of 2010 3 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. 6. 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. 7. At last, the victim girl was taken to a flat at Ernakulam, 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 B.A. Nos. 856 &937 of 2010 4 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. 8. The petitioner was arrested on 27/10/2009. He is in judicial custody since then. 9. The petitioner had moved Bail Applications before this Court earlier, which were dismissed by the order dated 15/01/2010. 10. After completing the investigation, charge sheet was filed in Crime No.870 of 2009 of Cheranellur Police Station. The investigation in Crime No.2105 of 2009 of Central Police Station, Ernakulam has progressed much. B.A. Nos. 856 &937 of 2010 5 11. Taking into account the facts and circumstances of the case and the duration of the judicial custody undergone by the petitioner, I am of the view that bail can be granted to the petitioner on stringent conditions. 12. The petitioner shall be released on bail on his executing bond for Rs.50,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class having jurisdiction,subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer in Crime No.2105 of 2009 of Central Police Station, Ernakulam between 9 A.M. and 11 A.M. on every Monday and Thursday, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer in Crime No.2105 of 2009 of Central Police Station, Ernakulam for interrogation as and when required. C) The petitioner shall not try to contact the victim either personally or through some other persons or through telephone or mobile phone, until further orders. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. Nos. 856 &937 of 2010 6 E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm