IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9451 of 2011() ----------------------------- CMP.2087/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO.756/2011 OF KOTHAMANGALAM POLICE STATION .................... PETITIONER/28TH ACCUSED : ----------------------------- P.K.SHABEER,AGED 25 YEARS,S/O.PAREED, MAKKAR,RESIDING AT KOCHUKUDY HOUSE,CHIRAPPADY BHAGAM,NELLIKUZHAI KARA,ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK,ERNAKULAM DISTRICT, PIN-686691. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT: STATE AND DE FACTO COMPLAINANT --------------------------------------------- STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,(INVESTIGATING OFFICER IN CRIME NO.756/2011 OF KOTHAMANGALAM POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,COCHIN-682031. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9451 of 2011 ---------------------------------------------- Dated this the 28th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.28 in Crime No.756 of 2011 of Kothamangalam Police Station. 2. The offences alleged against the accused 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 is that the petitioner and accused No.30 (Abdul Salam) took the victim girl to the rest house belonging to Kothamangalam Municipality and sexually exploited the girl. 5. The petitioner was arrested on 04/10/2011. Bail Appln.No.9451/2011 : 2 : 6. The investigation has progressed much. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences, the present stage of investigation and also the age of the petitioner, I am of the view that bail can be granted to the petitioner only with effect from 02/12/2011. 8. The petitioner shall be released on bail with effect from 02/12/2011 on his executing bond for `50,000/- (Rupees Fifty thousand only) 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; Bail Appln.No.9451/2011 : 3 : c) The petitioner shall not enter into the limits of Kothamangalam Police Station for a period of one month except for the purpose of complying with conditions 'd' and 'e'; 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 skj