IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8290 of 2011() ----------------------------- CMP.2028/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM Crime No.756 of 2011 of Kothamangalam Police Station. .................... PETITIONER/IST ACCUSED ------------------------------------------ NAVAS K.P., S/O.PAREED, KOTTARATHIL HOUSE, NELLIKUZHY KARA, KOTHAMANGALAM, ERAMALLOOR VILLAGE. BY ADV. SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH SRI.ANEESH JAMES RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8290 OF 2011 --------------------------------- Dated this the 13th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.11 in Crime No.756 of 2011 of Kothamangalam Police Station. 2.The crime was registered for the offences under Sections 366A, 372, 373, 376, 376(2)(g) and 354 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children)Act. 3.The victim is aged below 16 years. The allegation is that while she was studying in 8th standard, a few students in the school sexually exploited her. Some of them introduced the girl to others and the illegal activities continued. Several persons are involved in the offence. The girl was taken on several occasions from her residence and she was sexually B.A.No.8290 OF 2011 2 abused in parked cars, in moving cars, in autorickshaws, in a quarry and in the parking ground of Revenue Tower, Kothamangalam. 4. The allegation against the petitioner is that he took the victim girl in a car to a school ground and he sexually exploited the girl in the parked car. 5. The petitioner was arrested on 7.8.2011 and he was remanded to judicial custody on 8.8.2011. 6.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. 7.The petitioner shall be released on bail on his executing bond for Rs.25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, B.A.No.8290 OF 2011 3 Kothamangalam, subject to the following conditions: A) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, Kothamangalam. If the Passport is already seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by the petitioner to that effect shall be filed before the learned Magistrate; B) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on every Monday and Thursday for a period of two months and thereafter on every Monday, till the final report is filed or until further orders. C) The petitioner shall not enter into the Police Station limits of Kothamangalam Police Station for a period of two months. D) The petitioner shall appear before the investigating officer for interrogation as and when required; 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. B.A.No.8290 OF 2011 4 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms