IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 8749 of 2011 CRIME NO.698 OF 2011 OF NJARAKKAL POLICE STATION PETITIONER : ACCUSED: ------------------------------ DILEEP, S/O.GANGADHARAN,AGED 29 YEARS, ADIMATHARA HOUSE,THEZHUTHU VASHI, NAYARAMBALAM BY ADV. SRI.A.S.SASIDHARAN RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8749 OF 2011 ------------------------------------------------------ Dated this the 25th day of October, 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.27 in Crime No.698 of 2011 of Njarakkal Police Station, Ernakulam District. 2. The offences alleged against the accused are under Sections 366A, 376(2)(g), 354 and Section 511 of 376 of the Indian Penal Code. 3. The prosecution case is that the victim girl was sexually abused by several persons at several places while she was below 16 years of age. The victim gave a statement dated 20.6.2011 to the police, on the basis of which the FIR was registered. In the First Information Statement, the victim stated the names of six persons who allegedly committed the offence. Later, the statement of the victim under Section 164 of the Code of Criminal Procedure was recorded before the Judicial Magistrate of the First Class I, Kochi. In BAIL APPL. NO.8749 OF 2011 :: 2 :: that statement, the victim girl disclosed the names of several persons who allegedly sexually abused her. In the First Information Statement and the statement under Section 164 of the Code of Criminal Procedure, the victim did not mention the names of the petitioners. Later, the victim informed the investigating officer that she wanted to give some more disclosures. The investigating officer recorded her statement on 21.7.2011 in which the names of the petitioners and certain others were mentioned. 4. The allegation against the petitioner is that when the victim was aged six years, the petitioner outraged her modesty and attempted to committed rape. The petitioner was arrested on 11.10.2011 and he is in judicial custody since then. 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 10.11.2011. BAIL APPL. NO.8749 OF 2011 :: 3 :: 6. The petitioner shall be released on bail only on 10.11.2011 on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Kochi, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class I, Kochi. If the petitioner does not have any 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, in any manner whatsoever, till the trial of the case is over; 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 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; BAIL APPL. NO.8749 OF 2011 :: 4 :: 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 ahz/