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. 7775 of 2011() ----------------------------- CRIME NO.852/2011 OF MATHILAKAM POLICE STATION, THRISSUR .................... PETITIONER (S): 4TH ACCUSED ------------------------------- SHEJEER, AGED 20 YEARS,S/O.SHAMSUDEEN, PAZHOOPARAMBIL HOUSE, KORRIKUZHY P.O, KAIPAMANGALAM. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM REPRESENTING THE CIRCLE INSPECTOR OF MATHILAKAM POLICE STATION. PUBLIC PROSECUTOR SRI.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. --------------------------- B.A.No.7775 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.4 in Crime No.852 of 2011 of Mathilakam Police Station, Thrissur District. 2. The offences alleged against the petitioner are under Sections 366A, 376 and 506(i) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 14.5.2011, promising to purchase a mobile phone for the victim girl, the accused took her in his car to a lonely place and committed the offence. It is alleged that eight persons are involved in the case who sexually abused the victim girl on different occasions at different places. The victim was of less than 16 years of age. The petitioner was arrested on 8.8.2011. He is in judicial BA 7775/11 2 custody for more than 60 days. 4. 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for ` 50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kodungallur, subject to the following conditions: a) The petitioner shall surrender his passport before the Court of the Judicial Magistrate of the First Class, Kodungallur. 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, in any manner whatsoever, till the trial of the case is over; c) 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 BA 7775/11 3 thereafter, on all Mondays till the final report is filed or until further orders; d) The petitioner shall appear before the investigating officer for interrogation as and when required; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. K.T.SANKARAN JUDGE csl