IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10512 of 2011() ------------------------------ CRMP.3514/2011 of J.M.F.C. - I, PARAVUR CRIME NO.549 OF 2011 OF VARAPUZHA POLICE STATION .................... PETITIONER : -------------------- SHYSON THOMAS, S/O.JOSEPH, RESIDING AT NO.637/1, H.A.L, 3RD STAGEM KONENA AGRAHARA, H.A.L AIRPORT ROAD, BANGALORE,KARNATAKA. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM CR.549/2011 OF VARAPPUZHA POLICE STATION. BY P.P.SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10512 OF 2011 --------------------------------- Dated this the 22nd 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.54 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. 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 activities in the house. They were arrested. Crime No.549 of 2011 was registered for the B.A.No. 10512 OF 2011 2 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 against the petitioner is that he sexually abused the victim girl in a flat belonging to accused B.A.No. 10512 OF 2011 3 No.13 at Bangalore. The victim girl was supplied by accused No.1 (Sobha John) to accused No.6 (Kepa Ani) and accused No.13, who provided the girl to the petitioner. 5. The petitioner was arrested on 11.11.2011 and he was remanded to judicial custody. 6. There are more than 60 accused involved in the present case. In all other connected matters for bail, bail was granted to those accused who are the alleged “customers”, only after completing 60 days in judicial custody. A uniform approach is to be taken in case of all the accused. Therefore, it is not proper at all to grant bail to the petitioner, taking a different yardstick. 7.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 9.01.2012. B.A.No. 10512 OF 2011 4 8.The petitioner shall be released on bail only on 9.01.2012 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 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; B.A.No. 10512 OF 2011 5 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