IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4963 of 2009 CRIME NO.304 OF 2009 OF PONNANI POLICE STATION, MALAPPURAM PETITIONER/4TH ACCUSED ------------------------------------------ MOHANAN, AGED 50 YEARS, S/O.CHOYIKUTTY, CHALIL HOUSE, PARATHUR, NARIKUNI, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT: COMPLAINANT -------------------------- C.I. OF POLICE, PONNANI POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4963 of 2009 --------------------------------------------- Dated this the 7th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is accused No.4 in Crime No.304/2009 of Ponnani Police Station. 2. The offences alleged against the accused persons are under Sections 4, 5 and 7 of the Immoral Traffic Prevention Act and Sections 376(g) and Section 366A of the Indian Penal Code. 3. The date of occurrence was on 1.7.2009 at Kalady near the KSRTC workshop. The place is a lonely place. At 4.45 A.M., the accused persons were arrested from the spot by the police. The allegation is that two minor girls belonging to Calcutta, who were working in Bangalore, were brought to Kerala by the accused Nos.3 and 4 with the help of the seventh accused. They were taken to different places under threat and were subjected to sexual intercourse by several persons including some of the accused persons. On 1.7.2009, they were forcibly taken to the place of occurrence and they were raped by the accused persons inside the car. 4. The petitioner filed Bail Application No.3846 of 2009, BA No.4963/2009 2 which was dismissed by me as per the order dated 20.7.2009. The investigation has progressed much and it is at the final stage. 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. The petitioner shall be released on bail on his 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, Ponnani, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The 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. K.T.SANKARAN, JUDGE csl