IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7235 of 2011 CRIME NO.346 OF 2011 OF NORTH PARUR POLICE STATION, ERNAKULAM. CRIME NO.111 OF 2011 OF CBCID HHWII, ERNAKULAM. PETITIONERS : ACCUSED NOS.152 AND 153: ------------------------------- 1. MOHAMMED NIYAS, AGED 25, S/O.MUHAMMEDALY, KOLLAPARAMBIL HOUSE, VENNALA, ERNAKULAM (ACCUSED NO.152) 2. JIJO ANTONY, AGED 23, S/O.ANTONY, ETTURUTHIL HOUSE, CHITTOOR, CHERANELLORE ERNAKULAM DISTRICT, (ACCUSED NO.153). BY ADV. SRI.MANU ROY RESPONDENT: --------------- THE DETECTIVE INSPECTOR, CB CID, HHW-II, ERNAKULAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7235 OF 2011 ------------------------------------------------------ Dated this the 5th day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.152 and 153 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 BAIL APPL. NO.7235 OF 2011 :: 2 :: of the victim is a real estate broker and a person who 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 petitioners is that they along with accused Nos.118, 119, 120 and 151 trespassed into the rented house of one Binu where the victim girl was kept. It is also alleged that accused Nos.118 and 119 committed unnatural sex with the BAIL APPL. NO.7235 OF 2011 :: 3 :: victim. Though the petitioners had intention to commit sexual abuse of either the victim or the other girl who was available there, they could not do so. 5. The petitioners were arrested on 28.7.2011 and they were remanded to judicial custody. The investigation has progressed much thereafter. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing bond for Rupees Fifty thousand each 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 petitioners shall surrender their Passport before the Court of the Judicial Magistrate of the First Class I, North Paravur. If the Passport was seized by the police BAIL APPL. NO.7235 OF 2011 :: 4 :: or if the petitioners do not have a Passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; b) The petitioners 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 petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; e) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioners 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/