IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 8045 of 2011 CRIME NO.292 OF 2011 OF KALIYAR POLICE STATION, IDUKKI DISTRICT APPLICANT/ACCUSED NO.2 ------------------------------------------ MANU TOMY, S/O. TOMY JOSEPH, VAMATTATHIL VEEDU, KODIKKULAM KARA, KODIKKULAM VILLAGE. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, KALIYAR POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8045 OF 2011 ------------------------------------------------------ Dated this the 10th day of October, 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.2 in Crime No.292 of 2011 of Kaliyar Police Station, Idukki District. 2. The offences alleged against the accused are under Sections 376 and 366A 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 prosecution case is the following: The victim, aged 14 years, is a relative of accused No.1. During summer holidays of 2011, the petitioner, who is a friend of accused No.1, went to the house of the victim. While the victim was taking bath, her photograph was taken in the mobile phone of accused No.1. Later, the victim girl was taken to the house of accused No.1 and showing the photograph, the accused threatened that they would show the BAIL APPL. NO.8045 OF 2011 :: 2 :: photograph to others and on such threat, the victim was sexually abused by the accused persons. Even while committing the offence, photographs of the victim were taken in the mobile phone of accused No.1 and showing the same, the victim was again blackmailed and she was sexually abused by the accused persons. 4. The petitioner was arrested on 1.9.2011 and he was remanded to judicial custody. B.A.No.7553 of 2011 filed by him was dismissed as per the order dated 22.9.2011. 5. The learned counsel for the petitioner submitted that the petitioner is a student and he is aged only 18 years. It is also submitted that the parents of the petitioner had undertaken to take care of the petitioner and see that he does not involve in any prejudicial activity while on bail in the present case. 6. Taking into account the age of the petitioner, the other 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, however, only with effect from 21.10.2011. BAIL APPL. NO.8045 OF 2011 :: 3 :: 7. The petitioner shall be released on bail only on 21.10.2011 on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Thodupuzha, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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/