IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Bail Appl..No. 2278 of 2010() ----------------------------- CMP.1123/2010 of ADDL.C.J.M.,TRIVANDRUM CRIME NO.257/2010 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. .................... (S): PETITIONER/4TH ACCUSED ------------------------------------------ JAYAN, AGED 38 YEARS, S/O.NARAYANAN ASARI, KUNJOOTTUVILAKATHU PUTHENVILA VEEDU, BEHIND KATTAKKADA COLLEGE, VEERANAKAVU VILLAGE. BY ADV. SMT.M.MADHUBEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/05/2010, ALONG WITH BA NO. 2309 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application Nos2309 & 2278 of 2010 ---------------------------------------------- Dated 19th May, 2010. O R D E R These petitions are for bail. 2. Petitioners are accused Nos.6 and 4 in the crime. The alleged offences are under Sections 366A, 376(2)(g) and 109 of the Indian Penal Code and Section 3(2)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. According to prosecution, petitioners and other co-accused had sexual intercourse with a girl aged 15 years on different dates at different places for unlawful gain of the first accused. 3. 6th accused was arrested on 31.3.2010 and he is in custody for the past 47 days. 4th accused was arrested on 23.3.2010 and he is in custody for the past 58 days. Learned counsel for the 6th accused submitted that as per the prosecution case itself, second accused and the alleged victim were on love with each other and he had sexual intercourse with the girl on several occasions and she was taken into custody by the first accused and supplied to various persons. Remuneration was paid to the first accused as well as the victim, by the 6th accused. The BA Nos.2278 & 2309/10 2 girl was looking sufficiently grown up. As per the records, she is aged 16 years now. 4. No gang rape is involved in this case and Section 376(2)(g) is not attracted. The investigation is almost over and several accused are arrested and the further custody of the 6th accused is not required in this case. He is prepared to abide by any conditions as imposed by this Court, it is submitted. Learned counsel for the 6th accused also pointed out that the alleged victim is in the protective custody of an institution called Abhaya, run by Smt.Sugathakumari and it is not likely that she can be influenced in any manner. 5. Learned Public Prosecutors conceded that several accused are arrested in this case and according to him, petitioners may influence witnesses and hence sufficient safeguards may be made to prevent any such influence being made on the witnesses. If bail is granted, it may be subject to stringent conditions, it is submitted. 6. On hearing both sides and considering various facts and circumstances of this case, particularly the fact that the girl is in the protective custody, I find that bail can be granted on BA Nos.2278 & 2309/10 3 stringent conditions. Hence, the following order is passed : Petitioners shall be released on bail, on their executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions : (i) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. And 1 p.m. until further orders. (ii) Petitioners shall not enter the limits of the Police Station, within which the victim is residing, except for compliance of condition No.(i). (iii) Petitioners shall not influence or intimidate any witness and in case any complaint is received, bail is liable to be cancelled. Petitions are allowed. K.HEMA, JUDGE. tgs