IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 9005 of 2011 CRIME NO.756 OF 2011 OF KOTHAMANGALAM POLICE STATION PETITIONER/30TH ACCUSED ------------------------------------------- ABDUL SALAM, AGED 29 YEARS, S/O. ALIYAR, RESIDING AT KANJIRAKKATTUKUDY COMPANY PADY BHAGAM, NELLIKKUZHI KARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM VILLAGE, ERNAKULAM DISTRICT, PIN-686691. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY DY.SUPERINTENDENT OF POLICE, CRIME DETACHMENT, ALUVA,(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.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9005 OF 2011 ------------------------------------------------------ Dated this the 4th day of November, 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.30 in Crime No.756 of 2011 of Kothamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 366A, 372, 373, 376 and 376(2)(f) read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3. The allegation is that the victim, a minor girl, who belongs to a very poor family was sexually exploited by several persons at different places in and around Kothamangalam. The girl was exploited taking into account her impecunious circumstances and helplessness. 4. The allegation against the petitioner is that he permitted BAIL APPL. NO.9005 OF 2011 :: 2 :: accused No.28 to rape the victim girl in a room in the building taken on rent by the petitioner. It is alleged that after the girl and accused No.28 went inside the room, the room was locked from the outside. After committing the offence, accused No.28 contacted the petitioner (accused No.30) and asked him to open the door. The allegation is that thereafter he opened the door. The petitioner was arrested on 29.9.2011. 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 25.11.2011. 6. The petitioner shall be released on bail only on 25.11.2011 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, Kothamangalam, subject to the following conditions: BAIL APPL. NO.9005 OF 2011 :: 3 :: 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 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/