IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Bail Appl..No. 7586 of 2011 CR.NO.756 OF 2011 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM. PETITIONER/7TH ACCUSED ------------------------------------------ SHINAS, AGED 27 YEARS, S/O.ALIYAR, RESIDING AT PARUTHIKKATTUKUDY HOUSE, CHERUVATTUR KARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION (INVESTIGATING OFFICER IN CRIME NO.756/2011 OF KOTHAMANGALAM POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, SHANMUGHAM ROAD, ERNAKULAM, COCHIN-682 031. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AHZ/ K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7586 of 2011 ---------------------------------------------- Dated this the 28th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.7 in Crime No.756 of 2011 of Kothamangalam Police Station. 2. The offences alleged against the petitioner are 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 allegation is that the victim, a minor girl, who belongs to a very poor family was sexually exploited by several persons at different places in and around Kothamangalam. The girl was exploited taking into account her impecunious circumstances and helplessness. 4. The allegation against the petitioner is that in December, 2008, he took the victim in a car and sexually abused the victim girl at a lonely place. It is also alleged that in February, 2011, the petitioner and accused No.29 took the victim in a car driven by accused No.8, stopped the car near a quarry and petitioner and accused No.29 sexually abused the girl. Bail Appln.No.7586/2011 : 2 : 5. The petitioner was arrested on 30/07/2011. 6. The investigation has progressed much. 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 offences, the present stage of investigation and also the age of the petitioner, I am of the view that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on his executing bond for `50,000/- (Rupees Fifty thousand only) 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; c) The petitioner shall not enter into the limits of Kothamangalam Police Station for a period of one month; Bail Appln.No.7586/2011 : 3 : 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. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge