IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 7560 of 2011 CRIME NO.756 OF 2011 OF KOTHAMANGALAM POLICE STATION. PETITIONER : ACCUSED NO.6 -------------------------------- AJAS @ BAKKER, AGED 27 YEARS, S/O. MYTHEEN, MOOSARIKUDY HOUSE, COMPANYPADY BHAGOM, NELLIKUZHI KARA, ERAMALLOOR VILLAGE. BY ADV. SRI.BYJU KURIAKOSE SRI.GEORGE SEBASTIAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7560 OF 2011 ------------------------------------------------------ Dated this the 26th 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 petitioner is accused No.6 in Crime No.756 of 2011 of Kothamangalam Police Station. 2. The crime was registered for the offences 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 victim is a minor girl aged below 16 years at the relevant time. She belongs to a poor family. Her father is a coolie. The allegation is that several persons sexually exploited her by alluring and by giving petty gifts. 4. The allegation against accused No.6 is that he took the victim to the terrace of his house and abused her on 2.8.2008. It is B.A.NO.7560 OF 2011 :: 2 :: alleged that after two days, the petitioner took the victim in a vehicle and sexually abused her in the vehicle parked in the parking ground of the Revenue Tower, Kothamangalam. The petitioner was arrested on 11.7.2011 and he was remanded to judicial custody. 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. 6. 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, 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; B.A.NO.7560 OF 2011 :: 3 :: 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/