IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 7178 of 2011() ----------------------------- CRMP.2260/2011 of J.M.F.C. - I, PARAVUR Crime No.111/CR/HHWII/EKM/11 (North Paravur Police Station Crime No.346 of 2011). .................... PETITIONER/ACCUSED NO.53: ---------------------------- NOUSHAD, AGED 35 YEARS, S/O.YOUSUF, ALUVA COTTAGE, ATHOLI, KOZHIKODE, NOW RESIDING AT MYTHRI HOUSE, INDIRA JUNCTION, THOPPUMPADY VILLAGE, ERNAKULAM. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY DETECTIVE INSEPCTOR, CBCID, HHW II, ERNAKULAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7178 of 2011 ---------------------------------------------- Dated this the 06th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.53 in CBCID Crime No.111/CR/HHWII/EKM/11 (North Paravur Police Station Crime No.346 of 2011). 2. 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. 3. The gist of the prosecution case is the following: The victim, a girl aged below 16 years, was taken to several places within the State and in the neighbouring States under force and threat and she was compelled to have sexual intercourse with several persons against her will and without her consent for the period from 3-5-2010. The First Information Statement was given by the victim on 7.3.2011. The father of the victim is a real estate broker and a person Bail Appln.No.7178/2011 : 2 : who supplies junior artists to film makers. On 3-5-2010, the victim was taken by her father to a hotel at Panampilly Nagar, Ernakulam, stating that they had to meet ‘film people’. After leaving the victim in the room in the hotel, father of the victim left the place. The victim was raped by the man who was in the room. Thereafter, on that date and on the following days, she was taken to several places in and around Ernakulam city, Mysore, Ooty, Thiruvananthapuram, Kannur, Chalakkudy, Athirappilly, Munnar, Bangalore, Thrissur, Mapranam, Coimbatore etc. On 1-1-2011, the father of the victim took her to Coimbatore and entrusted her to a man and woman. They took the victim to a house where she was locked. She was subjected to forceful sex by twelve persons who visited the house. The victim escaped from that house and after reaching her native place, she disclosed the matters to her paternal uncle and other relatives. They advised the victim to inform the matter to the police. 4. The allegation against the petitioner is that he procured the victim girl with the help of Julie (A 105) and sexually exploited the girl at the residence of Julie. The Bail Appln.No.7178/2011 : 3 : petitioner was arrested on 07/07/2011. On that date, after arrest, he was taken to the District Government Hospital, Ernakulam for medical examination. The petitioner escaped from the custody of the police. A crime was registered in respect of the same. The petitioner could be re-arrested only on 21/07/2011 and on production before court, he was remanded to judicial custody. 5. The learned Public Prosecutor opposed the Bail Application and contended that the petitioner is a person who had escaped from police custody. 6. Bail was granted to several other accused on completion of sixty days of detention. Therefore, the petitioner is also entitled to be released on bail with effect from 19/09/2011. 7. The petitioner shall be released on bail only on 19/09/2011 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-I, North Paravur, subject to the following conditions: Bail Appln.No.7178/2011 : 4 : a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class-I, North Paravur. 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 Sudheer (accused No.1 - father of the victim), in any manner whatsoever, till the trial of the case is over; c) 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; 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; Bail Appln.No.7178/2011 : 5 : 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. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE skj