IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Bail Appl..No. 6823 of 2011 CRIME NO.756 OF 2011 OF KOTHAMANGALAM POLICE STATION PETITIONER/9TH ACCUSED ------------------------------------------ ASSIS,AGED 25 YEARS,S/O.ALIYAR, RESIDING AT MUTHIRAKKALAYIL HOUSE, PAYIPRA KARA,MULAVOOR VILLAGE, KOTHAMANGALAM TALUK,ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION (INVESTIGATING OFFICER IN CRIME NO.756/2011 OF KOTHAMANGALAM POLICE STATION), REP;BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, SHANMUGHAM ROAD,ERNAKULAM,COCHIN-682031. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6823 of 2011 --------------------------- Dated this the 1st day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 9th accused in Crime No.756 of 2011 of Kothamangalam Police Station. 2. The crime was registered for the offences under Sections 366A, 372, 373, 376, 376(2)(g) and 354 IPC and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The victim is aged below 16 years. The allegation is that while she was studying in 8th standard, a few students in the school sexually exploited her. Some of them introduced the girl to others and the illegal activities continued. Several persons are involved in the offence. The girl was taken on several occasions from her residence and she was sexually abused in parked cars, in moving cars, in autorickshaws, in a BA 6823/2011 2 quarry and in the parking ground of Revenue Tower, Kothamangalam. 4. The allegation against the 9th accused is that in February, 2011, he along with accused Nos.10 and 27 took the girl in an Ambassador car, proceeded via Panipra and after stopping the car, he committed rape of the girl inside the car. While the petitioner was indulging in the criminal activity, accused Nos.10 and 27 guarded the scene. 5. The petitioner was arrested on 14.7.2011 and he was remanded to judicial custody. The petitioner filed B.A.No.6263 of 2011 which was dismissed on 8.8.2011. 6. 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 with effect from 14.9.2011. BA 6823/2011 3 The petitioner shall be released on bail only on 14.9.2011 on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kothamangalam, subject to the following conditions: a) The petitioner shall surrender his passport before the Court of the Judicial Magistrate of the First Class Kothamangalam. 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 her father, in any manner whatsoever, till the trial of the case is over; c) The petitioner shall not enter into the limits of Kothamangalam Police Station for a period of one month; d) 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; e) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 BA 6823/2011 4 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 csl