IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Bail Appl..No. 5807 of 2011() ----------------------------- CBCID Crime No.111/CR/HHWII/EKM/11 (North Paravoor Police Station Crime No.346 of 2011) PETITIONER/ACCUSED NO.101 ------------------------------ MADHU.V.T, S/O.THANKAPPAN.V.A, AGED 41 YEARS, VETTUVELIL, KUNNUMKATTUKARA, MARATHAKKARA VILLAGE, THRISSUR. BY ADV. SRI.S.RAJEEV RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OFKERALA, ERNAKULAM (CRIME NO.111/2011 OF CBCID HHW II OF ERNAKULAM). PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5807 of 2011 ---------------------------------------------- Dated this the 20th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.101 in CBCID Crime No.111/CR/HHWII/EKM/11 (North Paravoor Police Station Crime No.346 of 2011). 2. The offences alleged against the accused are under Sections 366-A, 354, 372, 373, 376(2)(g), 506(i), 342 and 202 read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The prosecution case is that accused No.51 as well as the petitioner procured the victim girl with the help of accused No.32 Shaji and the girl was sexually abused in the house where the petitioner was residing. 4. The petitioner was arrested on 11/07/2011 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 offences and the present stage of Bail Appln.No.5807/2011 : 2 : 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 `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, North Paravur, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Sunday, 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 surrender his Passport before the Court of the Judicial Magistrate of the First Class, North Paravur. If the passport is 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. Bail Appln.No.5807/2011 : 3 : D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The 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 as above. K.T.SANKARAN, JUDGE skj True copy P.A. to Judge