IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 10031 of 2011 CRIME NO.395 OF 2011 OF KOLLAM WEST POLICE STATION PETITIONER: ACCUSED NO.8: --------------------- LUNA MANOJ, S/O.KUTTAPPAN,AGED 24, MALAYATTOOR,ERNAKULAM BY ADV. SRI.K.R.VINOD RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, KOLLAM PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.10031 OF 2011 ------------------------------------------------------ Dated this the 9th day of December, 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.8 in Crime No.395 of 2011 of Kollam West Police Station. 2. The offences alleged against the accused are under Sections 366A, 373 and 376(2)(g) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the victim girl, aged 16 years, was sexually abused by several persons. At first, the girl was taken by Noushad and at his instance the girl was made available to several persons including the petitioner. The petitioner was arrested on 12.10.2011 and he was remanded to judicial custody. 4. As per the order dated 6.9.2011 in B.A.No.7203 of 2011, BAIL APPL. NO.10031 OF 2011 :: 2 :: bail was granted to accused No.1. Accused No.3 was released on bail as per the order dated 4.10.2011 in B.A.No.8021 of 2011. 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 II, Kollam, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class II, Kollam. 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 report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of one month and thereafter, on all Mondays, till the final report is filed or until further orders; c) The petitioner shall appear before the investigating officer for interrogation as and when required; BAIL APPL. NO.10031 OF 2011 :: 3 :: d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/