IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 6347 of 2009() ----------------------------- CRIME NO.275/2009 OF KUMBLA POLICE STATION, KASARAGOD .................... PETITIONER/2ND ACCUSED ------------------------------------------ ABDUL BASHEER C.K., S/O.C.H.ABDUL KHADER (LATE), AGED 30, CHEMBARIKKA HOUSE, OPPOSITE CHEMBARIKKA TEMPLE, KALANAD VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE -------------------- THE STATION HOUSE OFFICER, KUMBALA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6347 of 2009 --------------------------------------------- Dated this the 3rd day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.275 of 2009 of Kumbla Police Station, Kasaragod. 2. The offences alleged against the petitioner are under Sections 366A, 376, 506(i), 417 and 109 read with Section 34 of the Indian Penal Code. 3. The victim is a minor girl who was aged 16 years at the relevant time. The allegation is that accused Nos.4 and 5, two ladies in the neighbourhood, took the minor girl to several places and allowed the other accused to commit the offence on the minor girl. The allegation is that the petitioner had sexual relationship with the minor girl once. It is stated by the learned Public Prosecutor that unlike the other accused, there is no case against the petitioner that he is involved in the racket. There is no case that apart from the incident on one occasion, he had any involvement in the incidents on other dates. BA No.6347/2009 2 4. The petitioner was arrested on 28.9.2009. On 29.10.2009, the mother of the petitioner expired. Though an order was passed on 30th October 2009 in this Bail Application to take the petitioner to his house and to the mosque, he could not attend the funeral, as by the time the order reached the jail authorities, funeral was over. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions: a) The petitioner shall report before the investigating officer 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 for interrogation as and when required; c) The petitioner shall surrender his passport, if any, before the court of the Judicial Magistrate of the First Class-I, Kasaragod. If the petitioner does not possess a passport, an affidavit to that effect shall be filed before the learned Magistrate; BA No.6347/2009 3 d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; 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. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl