IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 6607 of 2009 CRIME NO.275 OF 2009 OF KUMBLA POLICE STATION, KASARAGOD. PETITIONERS: ACCUSED NOS.1 AND 4: -------------------- 1. ABDUL SHAFEEK, AGED 22/09 S/O. MOHAMMED RAFEEK, ADKAM HOUSE, P.O. URADOOR, VIA MULLERIA, ADOOR VILLAGE, KASARGOD. 2. UMAIBA O.K., AGED ABOUT 35 YEARS, W/O. NISSAR, NR. KOMBANADUKKAM SRAMBIPALLI, CHEMNAD VILLAGE, KASARGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: COMPLAINANT: --------------- STATE OFKERALA, REP. BY INSPECTOR OF POLICE, KUMBALA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------------- B.A. No.6607 of 2009 ------------------------------------------------ Dated this the 17th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 4 in Crime No.275 of 2009 of Kumbla Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 366A, 376, 506(i), 417 and 109 read with Section 34 of the Indian Penal Code. 3. The victim is a minor girl who was aged 16 years at the relevant time. The allegation is that accused Nos.4 and 5, two ladies in the neighbourhood, took the minor girl to several places and allowed the other accused to commit the offence on the minor girl. The allegation against the first accused is that he pretended love with the victim and had committed the offence upon her. 4. The first accused was arrested on 30.9.2009. The fourth accused was arrested on 27.9.2009. The fourth accused is the mother of the first accused. She was B.A. NO. 6607 OF 2009 :: 2 :: responsible for taking the victim to several places and providing opportunity for the other accused to commit the offence. The fourth accused is a person involved in the sex racket. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the first petitioner (first accused) and the present stage of investigation, I am of the view that bail can be granted to the first petitioner on stringent conditions. At the same time, the request for bail made by the second petitioner (fourth accused) is liable to be rejected. The first petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions: a) The first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, till the final report is filed or until further orders; b) The first petitioner shall appear before the investigating officer for interrogation as and when required; B.A. NO. 6607 OF 2009 :: 3 :: c) The first petitioner shall surrender his passport, if any, before the court of the Judicial Magistrate of the First Class-I, Kasaragod. If the petitioner does not possess a passport, an affidavit to that effect shall be filed before the learned Magistrate; d) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The first petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed in so far as it relates to the first petitioner (first accused) in the manner indicated above and the Bail Application is dismissed in so far as it relates to the second petitioner (fourth accused). (K.T.SANKARAN) Judge csl