IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 Bail Appl..No. 8146 of 2011 CRIME NO.698 OF 2011 OF NJARAKKAL POLICE STATION PETITIONER/ACCUSED NO.9 ------------------------------------------- SANTHOSH, S/O. KANNAN, AGED 38, KUNNATHUSSERY HOUSE, NAYARAMBALAM. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENTS: COMPLAINANT & FORMAL PARTY ----------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, NARAKKAL POLICE STATION, NARAKKAL. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8146 OF 2011 ------------------------------------------------------ Dated this the 12th day of October, 2011 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.9 in Crime No.698 of 2011 of Njarakkal Police Station. 2. The offences alleged against the accused are under Sections 366-A, 376 (2) (g) and 354 of the Indian Penal Code. 3. The victim girl was aged 17 years at the relevant time. The prosecution case is that the victim girl was sexually abused by several persons at various places. The allegation against the petitioner is that he sexually abused the victim girl in a van parked in front of a house. The petitioner was arrested on 2.9.2011 and he was remanded to judicial custody. 4. Bail was granted to accused No.5 as per the order dated 5.8.2011 in B.A.No.6269 of 2011. Bail was granted to some other accused as well. BAIL APPL. NO.8146 OF 2011 :: 2 :: 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. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Kochi, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class I, Kochi. 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, 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 Saturdays 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; BAIL APPL. NO.8146 OF 2011 :: 3 :: e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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 ahz/