IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6973 of 2009() ------------------------------------------ (CRIME NO.870 OF 2009 OF CHERANELLUR POLICE STATION, ERNAKULAM DISTRICT) PETITIONER/ACCUSED NO.6: ------------------------------------------- BEERAN, S/O.MUSTHAFA, AGED 56 YEARS, RESIDING AT PULLIKKAL HOUSE, KADUNGALLUR VILLAGE, KUTTIKKATTUKARA, ERNAKULAM DISTRICT. BY ADV. MR.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REP. BY C.I. OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION IN CIME NO.870/2009 OF CHERANELLUR POLICE STATION. BY PUBLIC PROSECUTOR MR. TEKCHAND BY DIRECTOR GENERAL OF PROSECUTION MR. V.G.GOVINDAN NAIR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2009 ALONG WITH BA NO.6976 OF 2009 AND CONNECTED CASES,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. Nos. 6973, 6976, 6978, 7007, 7008,7023 & 7125 of 2009 ------------------------------------ Dated this the 30th day of November, 2009 O R D E R These Bail Applications are filed under Section 439 of the Code of Criminal Procedure. The petitioners are some of the accused persons in Crime No. 870 of 2009 of Cheranalloor Police Station, Ernakulam. 2. The details regarding Bail Application number, the rank of the accused, the name of the accused and the date of arrest are shown below: Sl. No. B.A. No. Name of the accused Rank of the accused Date of arrest 1 6973/2009 Beeran 6 28/10/2009 2 6976/2009 Sharafudeen 12 30/10/2009 3 6978/2009 Robin @ Robert and Manaf 14&19 30/10/2009 4 7007/2009 Noushad 9 28/10/2009 5 7008/2009 Biju 7 30/10/2009 6 7023/2009 Praveen Gupta 13 30/10/2009 7 7125/2009 Asher 5 28/10/2009 3. The offences alleged against the accused persons are under Sections 372, 373, 366A, 376 and 120B of the Indian Penal Code. 4. The victim girl, who was born on 24/8/1993 happened B.A. No. 6973/2009 and connected cases 2 to come to Thrissur for the purpose of participating in an interview for the selection of film actresses. Her mother was working abroad for sometime. At that time, the girl was entrusted to the custody of one Ramesan, a neighbour. The girl's grand-father was undergoing detention on account of a murder case. The grand-father of the girl introduced one George, who was also undergoing detention in a murder case, to his daughter 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. While Sreeja returned from Gulf countries, she took Ramesan also to Gulf. Later, Ramesan married Sreeja. They together came back to India. The victim girl had occasion to act in a small role in the film Keralavarma Pazhassi Raja, for which she got Rs.3,000/-. This prompted the girl to participate in the interview for the selection of film actresses at Thrissur. 5. One Soja gained acquaintance with the victim girl, while she participated in the interview for the selection of film actresses. The girl was invited to Soja's house. Thereafter,there was constant contact between Sreeja, the mother of the girl and B.A. No. 6973/2009 and connected cases 3 Soja. It is stated that Sreeja was finding it difficult to raise funds for going abroad. It is also alleged that at that time, Soja gave her Rs.30,000/-. The victim girl was brought to the house of Soja. 6. The prosecution case is that thereafter the victim girl was taken to different places by Soja and her associates and the girl was presented to several customers, who committed rape on her at different places. She was once taken to a house boat and also to different houses. At last, she was taken to a flat, from where police apprehended her along with one Lavanya and two others. The girl and the other persons were produced before the Magistrate's Court. 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, the offences were altered in the crime. 7. 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. 8. The investigation is in progress. It is submitted that B.A. No. 6973/2009 and connected cases 4 custody of the petitioners was given to the police and they were thoroughly questioned by the police. The petitioners are in judicial custody for the last several days. It is submitted that continuance of the petitioners in judicial custody will not improve the investigation and that all the relevant materials have been collected during investigation. 9. I do not think that continued detention of the petitioners is required for the further investigation of the case. I am also of the view that bail can be granted to the petitioners on stringent conditions. 10. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each 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:- A) The petitioners 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 petitioners shall appear before the Investigating Officer for interrogation as and when required. B.A. No. 6973/2009 and connected cases 5 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. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm