IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6238 of 2011 CRMP.2046/2011 of J.M.F.C. - I, PARAVUR CRIME NO.III/11 OF CBCID.HHW II, ERNAKULAM CRIME NO.346 OF 2011 OF NORTH PARAVUR POLICE STATION PETITIONER : ACCUSED NO.49 --------------------------------- RINIL, S/O.SOMAN, AGED 23 YEARS, VALIYAVEETTIL, CHENGARA KARA, PATTIMATTAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.JOSHI RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE DETECTIVE INSPECTOR, CBCID HHW 11, ERNAKULAM AS PER CRIME NO.111/11 OF C.B.C.I.D.H.H.W.11 BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON 29/08/2011 PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6238 OF 2011 ------------------------------------------------------ Dated this the 29th day of August, 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.49 in CBCID Crime No.111/CR/HHWII/EKM/11 (North Paravur Police Station Crime No.346 of 2011). 2. The offences alleged against the accused are under Sections 366-A, 354, 372, 373, 376 (2) (g), 506 (i), 342 and 202 read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The gist of the prosecution case is the following: The victim, a girl aged below 16 years, was taken to several places within the State and in the neighbouring States under force and threat and she was compelled to have sexual intercourse with several persons against her will and without her consent for the period from 3-5-2010. The First Information Statement was given by the victim on 7.3.2011. The father of the victim is a real estate broker and a person who BAIL APPLICATION NO.6238 OF 2011 :: 2 :: supplies junior artists to film makers. On 3-5-2010, the victim was taken by her father to a hotel at Panampilly Nagar, Ernakulam, stating that they had to meet ‘film people’. After leaving the victim in the room in the hotel, father of the victim left the place. The victim was raped by the man who was in the room. Thereafter, on that date and on the following days, she was taken to several places in and around Ernakulam city, Mysore, Ooty, Thiruvananthapuram, Kannur, Chalakkudy, Athirappilly, Munnar, Bangalore, Thrissur, Mapranam, Coimbatore etc. On 1-1-2011, the father of the victim took her to Coimbatore and entrusted her to a man and woman. They took the victim to a house where she was locked. She was subjected to forceful sex by twelve persons who visited the house. The victim escaped from that house and after reaching her native place, she disclosed the matters to her paternal uncle and other relatives. They advised the victim to inform the matter to the police. 4. The allegation against the petitioner is that he along with his friend Aneesh (accused No.48), with the help of Omana (accused No.14), procured the victim girl and sexually abused the girl in a house belonging to the friend of Aneesh (accused No.48). BAIL APPLICATION NO.6238 OF 2011 :: 3 :: 5. The petitioner was arrested on 3.7.2011 and he was remanded to judicial custody. 6. Though the petitioner was arrested only on 3.7.2011 and though persons arrested on that date were not granted bail, I am inclined to grant bail to the petitioner only on the ground that the father of the petitioner passed away on 20.8.2011. As per the order dated 20.8.2011, the petitioner was allowed to be taken from jail to attend the funeral of his father. In the peculiar facts and circumstances of the case, I am inclined to grant bail to the petitioner. 7. The petitioner shall be released on bail 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 I, North Paravur, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class I, North Paravur. 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; BAIL APPLICATION NO.6238 OF 2011 :: 4 :: b) The petitioner shall not either directly or indirectly contact the victim or Sudheer (accused No.1 - father of the victim), in any manner whatsoever, till the trial of the case is over; c) 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; d) The petitioner shall appear before the investigating officer for interrogation as and when required; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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/