IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5420 of 2009() --------------------------------------------- CRIME NO.481/2009 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/IST ACCUSED: ------------------------------------------ ABHILASH @ BINU,S/O.THANKAPPAN, POYKAVILA PUTHEN VEEDU,NEAR THARANGINI JUNCTION, CHRIST NAGAR,VAZHAYILA VEEDU,KARAKULAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5420 of 2009 ------------------------------------ Dated this the 25th day of September, 2009 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.1 in Crime No. 481/2009 of Museum Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 376, 366A , 354 and 341 read with Section 34 of the Indian Penal Code. 3. The victims are two minor girls staying as inmates in a Girls Home run by Y.W.C.A. On suspicion that the victims were sexually abused by somebody, the Secretary of Y.W.C.A informed the police. On investigation it was found that accused Nos.1 and 2 used to take the minor girls to various places and they had sexually exploited the minor girls. The petitioner (first accused) was arrested on 5/8/2009 and he was remanded to judicial custody. 4. The application for bail filed by the petitioner was B.A. No. 5420/2009 2 dismissed by the learned Magistrate by the order dated 25/8/2009 and by the learned Sessions Judge by the order dated 10/9/2009. The investigation has progressed much thereafter. The petitioner is prepared to abide by any conditions that may be imposed by this Court, submits the learned counsel for the petitioner. 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, on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Thiruvananthapuram 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, Wednesdays and Fridays, till the final report is filed or until further orders. B.A. No. 5420/2009 3 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 scm