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. 7115 of 2011() ----------------------------- Crime No.344 of 2011 of Vattiyoorkavu Police Station, Thiruvananthapuram District. PETITIONER/3RD ACCUSED ------------------------------- JAYESH,KAPPAVILA MELE PUTHENVEEDU, OONNANPARA,KACHANI,THIRUVANANTHAPURAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): INVESTIGATING OFFICER ------------------------------------ SUB INSPECTOR OF POLICE. VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7115 OF 2011 --------------------------------- Dated this the 5th 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.3 in Crime No.344 of 2011 of Vattiyoorkavu Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 363, 366, 511 of 376 and 376 read with Section 34 of the Indian Penal Code. 3. There are four accused persons involved in the case. The prosecution case is the following: On 21.4.2011, accused Nos.1 and 2 took the victim girl in a car in and around Thiruvananthapuram city and attempt was made to sexually exploit the girl in the moving car. It is stated that the attempt failed and therefore the girl B.A.No.7115 OF 2011 2 was left at a place. The mother of the girl informed the matter to the police. The girl was subjected to medical examination. It was revealed in the medical examination that she was subjected to sexual abuse earlier. On interrogation, the girl revealed that about one year back, she was sexually abused by the petitioner herein. The petitioner herein was attending the dance class near the house of the victim girl. He allured the girl and had sexual intercourse with her at her residence. It is alleged that on other occasions, the girl was taken to the house of accused No.3 and she was sexually exploited. During the period in which the petitioner is alleged to have sexually abused to the girl, she was aged only 11 years. It was also alleged that the petitioner gave the necessary details of the victim to accused No.4 who contacted the girl and established relationship with her. 4. The petitioner was arrested on 12.6.2011 and he was remanded to judicial custody. B.A.No.6389 of 2011 filed by the petitioner was dismissed by the order dated 11th August, 2011. Investigation has progressed thereafter. B.A.No.7115 OF 2011 3 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 `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Nedumangad, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays and Thursdays for two months and thereafter on Mondays, till the final report is filed. B) The petitioner shall not enter into the Police Station limits of Vattiyoorkavu Police Station for a period of two months. C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A.No.7115 OF 2011 4 E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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 cms