IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Bail Appl..No. 6893 of 2011 CRIME NO.756 OF 2011 OF KOTHAMANGALAM POLICE STATION PETITIONER/2ND AND 3RD ACCUSED. --------------------------------------------------- 1. THAKKUDU @ BARHAN, AGED 19 YEARS, S/O.MEERAN, CHIRANDAYETH HOUSE, AIROORPADAM KARA, THRIKKARIYOOR VILLAGE, KOTHAMANGLAM, ERNAKULAM DISTRIST. 2. SHAHUL HAMEED, AGED 19 YEARS, S/O.KASIM,NELLIMATTATHIL HOUSE, AMALA KARA, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM SRI.C.R.SANISH AND K.V.VIMAL RESPONDENT: COMPLAINANT. -------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION (INVESTIGATION OFFICER IN CRIME NO.756/11 OF KOTHAMANGALAM POLICE STATION ), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, SHANMUGHAM ROAD, ERNAKULAM, COCHIN - 682 031. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6893 of 2011 --------------------------- Dated this the 1st day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.22 and 23 in Crime No.756 of 2011 of Kothamangalam Police Station. 2. The offences alleged against the petitioners are under Sections 366A, 372, 373, 376 and 376(2)(f) 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 allegation is that the victim, a minor girl, who belongs to a very poor family was sexually exploited by several persons at different places in and around Kothamangalam. The girl was exploited taking into account her impecunious circumstances and helplessness. BA 6893/2011 2 4. The allegation against the first petitioner (accused No.22) is that in the last week of May, 2011, he took the victim in a car to the parking ground of the Revenue Tower, Kothamangalam and sexually exploited the girl in the parked car. It is also alleged that after 2 days, the petitioners (accused No.22 and 23) took the girl in a Tata Sumo Car to a lonely place near a quarry and sexually exploited her in the parked car. The petitioners were arrested on 2.7.2011 and they were remanded to judicial custody. 5. The investigation is in progress. 60 days are over from the date of their arrest. It is stated that the petitioners are aged 19 years. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence, the present stage of investigation and also the age of the petitioners, I am of the view that bail can be granted to the petitioners. BA 6893/2011 3 The petitioners shall be released on bail on their executing bond for Rupees Fifty thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kothamangalam, subject to the following conditions: a) The petitioners shall surrender their passport before the Court of the Judicial Magistrate of the First Class Kothamangalam. If the passport was seized by the police or if the petitioners do not have a passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; b) The petitioners shall not either directly or indirectly contact the victim or her father, in any manner whatsoever, till the trial of the case is over; c) The petitioners shall not enter into the limits of Kothamangalam Police Station for a period of one month; d) The petitioners 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; e) The petitioners shall appear before the investigating officer for interrogation as and when required; f) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; BA 6893/2011 4 g) The petitioners 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 csl