IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6434 of 2011() ----------------------------- AGAINST THE ORDER IN BA.5727/2011 CRMP.2053/2011 of J.M.F.C. - I, PARAVUR (CBCID Crime No.111/CR/HHWII/ EKM/11 (North Paravur Police Station Crime No.346 of 2011 .................... PETITIONER/ ACCUSED NO.51 ----------------------------------------------- P.R. MANU, AGED 42 YEARS, S/O. RAMAKRISHNAN, GOPIKA, PUTHOOR, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KEALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE DETECTIVE INSPECTOR, CBCID, H.H.W.I.I ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6434 OF 2011 --------------------------------- Dated this the 16th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.51 in CBCID Crime No.111/CR/HHWII/ EKM/11 (North Paravoor Police Station Crime No.346 of 2011). The offences alleged against the accused are under Sections 366-A, 354, 372, 373, 376(2)(g), 506(i), 342 and 202 read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 2.The prosecution case is the following: The victim, a girl aged below 16 years, was taken to several places and she was compelled to have sexual intercourse by about 150 people. 3. The allegation against P.R.Manu is that he procured the victim girl with the help of accused No.32 and the girl was B.A.No.6434 OF 2011 2 wrongfully confined in a house at Chandranagar, Palakkad for the purpose of sexual intercourse. 4. The petitioner was arrested on 4.7.2011 and he was remanded to judicial custody. The petitioner filed B.A.No.5727 of 2011 and that application was dismissed by the order dated 1st August, 2011. 5. The learned counsel for the petitioner submitted that even going by the remand report dated 5.7.2011, and also from the facts and circumstances of the case, it is clear that the petitioner did not have sexual relationship with victim girl. The learned Senior counsel also pointed out that there is no case for the victim that the petitioner had sexual intercourse with her. It is submitted that the petitioner is in judicial custody since 5.7.2011, and there is no reason why he should be detained further. 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 B.A.No.6434 OF 2011 3 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 `50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, North Paravur, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on every Sunday, till the final report is filed or until further orders. B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, North Paravur. If the passport is 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. 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. B.A.No.6434 OF 2011 4 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 cms