IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 10033 of 2011 CRIME NO.549 OF 2011 OF VARAPUZHA POLICE STATION, ERNAKULAM. PETITIONER: 39TH ACCUSED ------------------------------------------ MONCY, AGED 30 YEARS, S/O.EALIYAS, MERSON COTTAGE, CHERUPUNCHAKARA, PERINGATT VILLAGE, ADOOR TALUK, PATHANAMTHITTA, NOW RESIDING ON RENT AT VIMALADEVI'S HOUSE, MITHRAPURAM, KARUVATTAKARA, ADOOR VILLAGE. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT: COMPIAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE C.I.OF POLICE, VARAPPUZHA POLICE STATION. PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------------------- Bail Appl. No. 10033 OF 2011 -------------------------------------------------------- Dated this the 9th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.39 in Crime No.549 of 2011 of Varapuzha Police Station, Ernakulam District. 2. The offences alleged against the accused are under Sections 366A, 372, 373, 354, 109 and 376 read with Section 34 of the Indian Penal Code. 3. On 4.8.2011 at 9.30 P.M., the Circle Inspector of Police, North Parur received information that immoral activities are going on in a house at Olanadukara, within the limits of Varappuzha Police Station. The Circle Inspector and party went to the spot. They found the victim, Binil and Jayarajan Nair engaged in immoral activities in the house. They were arrested. Crime No.549 of 2011 was registered for the offences under Sections 3 and 4 of the Immoral Bail Appl. No. 10033 OF 2011 :: 2 :: Traffic Prevention Act. At that time, the police was under the impression that the victim in the present case was also an accused involved in the offence under the Immoral Traffic Prevention Act. Investigation revealed that the victim girl was subjected to flesh trade even at the time when she was studying in the 10th standard by none other than her sister and brother-in-law with the connivance of the victim's father and mother. Investigation also revealed that the first accused Sobha John procured the victim girl by purchase from Kasaragod and the girl was taken to several places and she was subjected to sexual intercourse by the various accused persons. The father, mother, sister and brother-in-law of the victim are also made accused in the case. Among the array of accused, there are assistants, aides and confidants of Sobha John and persons who are involved in the sex racket. 4. The allegation is that accused No.37 (Radhalakshmi) supplied the victim girl to the petitioner. It is alleged that the petitioner sexually exploited the victim girl at his residence at Adoor. The petitioner was arrested on 19.10.2011. Bail Appl. No. 10033 OF 2011 :: 3 :: 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner, however, only with effect from 17/12/2011. 6. The petitioner shall be released on bail only on 17.12.2011 on his executing a 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, North Paravur subject to the following conditions:- a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, North Paravur. If the Passport was seized by the police or 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 either directly or indirectly contact the victim or parents of the victim or sister and brother in law of the victim, in any manner whatsoever, till the trial of the case is over; Bail Appl. No. 10033 OF 2011 :: 4 :: 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 two months and thereafter, on all Mondays till the final report is filed or until further orders; d) The petitioner shall appear before the investigating officer for interrogation as and when required; e) The petitioner shall fully co-operate in the matter of Test Identification Parade; f) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; g) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; h) 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 ahz/