IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 6376 of 2009() ----------------------------- CRIME NO.2105/2009 OF CENTRAL POLICE STATION, ERNAKULAM .................... PETITIONERS/ACCUSED 1 & 3: ---------------------------------------------- 1. LAVANYA, D/O.GOPALDAS, AGED 37 YEARS, NO.104, DOOR NO.1, GROUND FLOOR, BALAJI NAGAR, CHENNAI. 2. SACKARIA, S/O.YOHANNAN, AGED 46 YEARS, CHOONDIYIL, THAYIKATTUKARA, ALUVA WEST. BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): COMPLAINANT: --------------------------- THE CIRCLE INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6376 of 2009 --------------------------------------------- Dated this the 10th day of November, 2009 ORDER Petitioners 1 and 2 herein, namely, Lavanya and Sackaria are respectively accused Nos.5 and 3 in Crime No.2105 of 2009 of Central Police Station, Ernakulam. They seek bail under Section 439 of the Code of Criminal Procedure. 2. The offences alleged against the accused are under Section 366A read with Section 34 of the Indian Penal Code and Sections 5 and 8 of the Immoral Traffic Prevention Act. 3. The crime was originally registered for the offences under the Immoral Traffic Prevention Act, consequent on a search made at a residential flat at Ernakulam on 22.9.2009. On such search, the petitioners herein and another girl were found in the flat and they were arrested on the same date. The girl referred to above was also considered as an accused by the police originally and she was arrayed as accused No.2. Later, it was revealed on investigation that the said girl was a minor and that she was a victim of a crime committed by the other accused. 4. The prosecution case is that accused Nos.1 to 3, BA No.6376/2009 2 namely, Soja, Deepu and Sackaria procured the minor girl and she was subjected to forced sex by several persons at different places. 5. The learned counsel for the petitioners submitted that even going by the prosecution case, accused No.5 Lavanya has no role to play in the offence under Section 366A IPC. At best, she could be treated as a person who committed the offence under the Immoral Traffic Prevention Act. 6. The learned Director General of Prosecution submitted that if the third accused Sackaria is released on bail at this stage, it would adversely affect the proper investigation of the case. It is most likely that he may indulge in activities to intimidate and influence the witnesses. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by accused No.5, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to accused No.5 Lavanya on stringent conditions. Bail was refused to her by the learned Sessions Judge on the ground that she belongs to Tamil Nadu. I think it is not proper to refuse bail to BA No.6376/2009 3 her on that ground alone. 8. At the same time, I do not think it proper to grant bail to accused No.3 Sackaria at this stage. If he is released on bail, it would adversely affect the proper and smooth investigation of the case. It is also likely that the third accused would try to tamper with the evidence and attempt to intimidate and influence the witnesses. For the aforesaid reasons, I am not inclined to grant bail to the third accused and the Bail Application is dismissed in so far as it relates to the third accused. The first petitioner shall be released on bail on her executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Ernakulam. The sureties shall be persons who own immovable properties in the State of Kerala. The sureties shall also produce the title deeds in respect of the immovable properties owned by them. The title deeds shall be kept before the learned Magistrate until further orders. The grant of bail to accused No.5 (first petitioner) is also subject to the following conditions: BA No.6376/2009 4 a) The first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, 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; c) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The first 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 in so far as it relates to accused No.5 and the Bail Application is dismissed in so far as it relates to accused No.3. K.T.SANKARAN, JUDGE csl