IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 Bail Appl..No. 8689 of 2011() ---------------------------------- CR. NO.756/2011 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT ..... PETITIONER/27TH ACCUSED ----------------------------------- M.M.SHAMEER, AGED 29 YEARS S/O.MAKKAR, RESIDING AT MONIKKATTIL HOUSE CHERUVATTOOR KARA, ERAMALLOOR VILLAGE KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT PINCODE 686 691. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S):STATE AND DE FACTO COMPLAINANT ---------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE INVESTIGATING OFFICER IN CRIME NO.756/2011 OF KOTHAMANGALAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA COCHIN 682 031. BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. -------------------------------- B.A.No.8689 of 2011 ----------------------------- Dated this the 28th day of October 2011 O R D E R Petitioner is the 27th accused in Crime No.756/2011 of Kothamangalam Police Station. The offences alleged against him are under Secs.366A, 372, 373, 376 and 376(2) (f) r/w Sec.34 of IPC and under Sec.23 of Juvenile Justice Act. The allegation against this accused is that he was the driver of the vehicle and that when the victim girl was walking along the side of the road and when the vehicle reached near the girl, it was stopped and 9th accused forcibly pulled that girl and put her inside that vehicle, from where A9 raped that girl. That girl was aged less than 12 years. The learned counsel for the petitioner submits that the allegations would only show that the petitioner was only a driver and as directed by his master/employer he stopped the vehicle near that girl. B.A.No.8689 of 2011 -: 2 :- 2. The learned Public Prosecutor has strongly opposed the petition, rightly too, by stating that on going through the statement it is seen that the petitioner had assisted A9 to commit the crime and so he cannot contend that his involvement is less, though there is no allegation he did rape that girl. 3. The learned counsel for the petitioner submits that petitioner has been in custody from 4.10.2011 onwards and considering the period of detention, he may be granted bail. Considering all the aspects, petitioner is granted bail with effect from 5.11.2011 on the following conditions :- (1)Petitioner shall execute a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like amount to the satisfaction of J.F.C.M., Kothamangalam. The sureties shall produce attested photocopies of the title deeds of their B.A.No.8689 of 2011 -: 3 :- property in respect of which the recent basic tax receipt shall also be produced. The identity of the sureties shall be ensured by causing production of voter's identity card/driving licence/passport. (2)The petitioner shall not in any way influence or interfere with the investigation of the trial of the case. (3)The petitioner shall also appear before the Investigating Officer on all Tuesdays and Saturdays between 10 AM and 11 AM. (4)The petitioner shall produce his passport and if he does not have any passport he shall file an affidavit. (This condition shall be complied within one week from the date of his release). N.K.BALAKRISHNAN, JUDGE. Jvt