IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Bail Appl..No. 5153 of 2008() ----------------------------- CRIME NO.251/08 OF CHANGANACHERRY POLICE STATION PETITIONER : 2ND ACCUSED: ----------------------------- JOMI ALIAS JOMINI, AGED 25 YEARS, W/O. JYOTHISH, VADAKKEL VEEDU, NEAR VELATHUSSERY, CATHOLIC CHURCH,. THEEKOI. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5153 of 2008 ----------------------------------------- Dated this the 5th September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 366(A), 372, 373, 376 and 506 read with 34 of Indian Penal Code. According to prosecution, de facto complainant's daughter, aged 14 years at the time of offence, is the victim in the case. She used to be taken by the first accused (who is a close relative of the de facto complainant) to her house from the house of the victim and also to the house of the second accused and her husband. From there, the minor girl was caused to have illicit relationship with many persons on many occasions. Later, the girl died on 5.5.2008 due to AIDS. 3. Petitioner is the second accused in the crime. She was arrested on 4.6.2008 and she completed 90 days detention. The charge sheet has not been laid so far. Learned Public Prosecutor submitted that several persons are involved in this case, and a detailed investigation is required into the offence which will take considerable time, especially since the victim is no more. However, it is conceded that the petitioner is entitled for bail by default, but he requested that stringent condition may be imposed while granting bail. Learned Public Prosecutor also pointed out that most BA.5153/08 2 of the witnesses are hailing from Kottayam and if the petitioner is allowed to be in Kottayam, she is likely to influence or threaten the witnesses and tamper with evidence. Hence, petitioner is granted bail by default on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the Circle Inspector of Police, Changanacherry on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioner shall not leave the limits of the Changanacherry Police Station, except with the previous permission of the Magistrate Court concerned. iv) Petitioner shall make herself available for interrogation by the investigating officer as and when directed by him, and the other conditions (ii) and (iii) above will be subject to this condition. v) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.