IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9890 of 2011() ----------------------------- CRMP.3090/2011 of J.M.F.C. - I, PARAVUR Crime No.549 of 2011 of Varapuzha Police Station, Ernakulam District. .................... PETITIONER/34TH ACCUSED ------------------------------------------- ALIKUNJU, AGED 38 YEARS, S/O. ABOOBACKER, ADAMBAYIL HOUSE, CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY KARA, THRIKKAKARA NORTH VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, (REP.BY THE CIRCLE INSPECTOR OF POLICE, NORTH PARAVUR, - CRIME NO. 549/2011 OF VARAPPUZHA POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9890 OF 2011 --------------------------------- Dated this the 2nd day of December , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.34 in Crime No.549 of 2011 of Varapuzha Police Station, Ernakulam District. 2.The offences alleged against the accused are under Sections 366A, 372, 373, 354, 376 and 109 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: On 4.8.2011 at 9.30 P.M., the Circle Inspector of Police, North Parur received information that immoral activities are going on in a house at Olanadukara, within the limits of Varappuzha Police Station. The Circle Inspector and party went to the spot. They found the victim, Binil and Jayarajan Nair engaged in immoral B.A.No. 9890 OF 2011 2 activities in the house. They were arrested. Crime No.549 of 2011 was registered for the offences under Sections 3 and 4 of the Immoral Traffic Prevention Act. At that time, the police was under the impression that the victim in the present case was also an accused involved in the offence under the Immoral Traffic Prevention Act. Investigation revealed that the victim girl was subjected to flesh trade even at the time when she was studying in the 10th standard by none other than her sister and brother-in-law with the connivance of the victim's father and mother. Investigation also revealed that the first accused Sobha John procured the victim girl by purchase from Kasaragod and the girl was taken to several places and she was subjected to sexual intercourse by the various accused persons. The father, mother, sister and brother-in-law of the victim are also made accused in the case. Among the array of accused, there are assistants, aides and confidants of Sobha John and persons who are involved in the sex racket and also customers. The victim girl is at present in the Child Welfare Home. 4. The allegation is that accused No.1 Sobha John and B.A.No. 9890 OF 2011 3 accused No.51 Biju supplied the victim girl to the petitioner, who sexually abused the victim girl at 'Shwas' flat, Eroor. The petitioner was arrested on 9.10.2011 . 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 with effect from 7.12.2011. 6.The petitioner shall be released on bail only on 7.12.2011 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 surrender his Passport before the Court of the Judicial Magistrate of the First Class, North Paravur. 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 or parents of the victim or sister and brother in law of the B.A.No. 9890 OF 2011 4 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 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 fully co-operate in the matter of Test Identification Parade. f) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; g) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; h) 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