IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Bail Appl..No. 7289 of 2009() ----------------------------- CRIME NO.2105 OF 2009 OF CENTRAL POLICE STATION, ERNAKULAM PETITIONER/ACCUSED NO.3 ------------------------------------------- SACKARIA, S/O.YOHANNAN, CHOONDIYIL VEEDU, THAYIKKATTU KARA, ALUVA WEST. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2009, ALONG WITH BA NO. 7347 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------------- B.A.Nos.7289 & 7347 of 2009 ------------------------------------------------ Dated this the 11th day of December, 2009 ORDER These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner Sackaria is accused No.3 in both the cases. The offences alleged in Crime No.2105 of 2009 of Central Police Station, Ernakulam are under Section 8 of the Immoral Traffic (Prevention) Act and Section 366A of the Indian Penal Code. Originally, the offence under Section 366A was not there and it was later added. In Crime No.870 of 2009 of Cheranellur Police Station, the offences alleged are under Sections 372, 373, 376, 366A, 342 and 120B of the Indian Penal Code. This crime was originally registered as Crime No.2220 of 2009 of Central Police Station, Ernakulam which was transferred to Cheranellur Police Station where it was re-registered as Crime No.870 of 2009. 2. The crime was originally registered for the offence under the Immoral Traffic (Prevention) Act, consequent on a search made in a residential flat at Ernakulam on 22.9.2009. On such search, the petitioner herein, a woman and another girl BA Nos.7289 & 7347/2009 2 were found in the flat. They were arrested. The learned Magistrate before whom the accused persons were produced thought that the girl had not attained majority and that she was a victim of the crime. Later, it was revealed that the girl had not attained majority at the relevant time. 3. The prosecution case is that Soja, Deepu and Sackaria procured a minor girl and she was subjected to forceful sex by several persons at different places. It was also alleged that Sackaria also committed rape on the girl. 4. Lavanya, who was also found in the flat, was granted bail subsequently as per the order dated 10th November, 2009 in Bail Application No.6376 of 2009 as she had no role to play in the offence under Section 366A of the Indian Penal Code and the only allegation against her was that she committed an offence under the Immoral Traffic (Prevention) Act. 5. Bail Application filed by the petitioner as Bail Application No.6376 of 2009 along with Lavanya, was dismissed in so far as it related to the petitioner, by the order dated 10th November, 2009. The petitioner moved another application for bail as Bail Application No.6813 of 2009 which was also BA Nos.7289 & 7347/2009 3 dismissed by the order dated 20th November, 2009. 6. The petitioner was arrested on 22.9.2009 in Crime No.2105 of 2009 and his formal arrest was recorded on 13.10.2009 in Crime No.870 of 2009 of Cheranellur Police Station. The investigation has progressed after the dismissal of the earlier Bail Applications. 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 offence 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.50,000/- in each case with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Ernakulam, 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 for a period of two months and thereafter on all Mondays, 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 not try to influence the prosecution witnesses or tamper with the evidence; BA Nos.7289 & 7347/2009 4 d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. K.T.SANKARAN, JUDGE csl