IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Bail Appl..No. 8107 of 2011() ----------------------------- CRME NO.756/2011 OF KOTHAMANGALAM POLICE STATION PETITIONER/ACCUSED NO.33 ---------------------------------- SABU.P.PAUL, S/O.PAULOSE, PUTHUKUNNATHU HOUSE, THOLERY KARA, THRIKKARIYUR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.P.K.VARGHESE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8107 of 2011 --------------------------- Dated this the 17th day of October, 2011 O R D E R This Bail Application is filed by Sabu.P.Paul (accused No.33) 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), 354, 511 of 376, 109 and 34 IPC 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 BA 8107/11 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 being the Physical Education Teacher in a school, attempted to sexually exploit the victim girl while she was studying in the 9th standard. It is alleged that the petitioner attempted to commit the offence while the girl was in the laboratory of the school. 5. The petitioner was arrested on 26.9.2011 and he was remanded to judicial custody. 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 with effect from 31.10.2011. BA 8107/11 3 The petitioner shall be released on bail only on 31.10.2011 on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, 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 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 or her father, in any manner whatsoever, till the trial of the case is over; c) The petitioner shall not enter into the limits of Kothamangalam Police Station for a period of one month; d) 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 two months and thereafter, on all Mondays till the final report is filed or until further orders; e) The petitioner shall appear before the investigating officer for interrogation as and when required; f) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA 8107/11 4 g) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; h) 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 csl