IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5126 of 2011() ----------------------------- CRIME NO.912/2011 OF PUNALOOR POLICE STATION PETITIONER :ACCUSED ------------------------------ JAYA SREE (ALIYAS THANKACHI)RAMYA BHAVAN MANIYAAR P.O.,PUNALLOOR BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 2. SUB - INSPECTOR OF POLICE PUNALLOOR, PIN 691 001. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5126 of 2011 --------------------------- Dated this the 4th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.912 of 2011 of Punaloor Police Station. 2. The offence alleged against the petitioner is under Section 26 of the Juvenile Justice (Care and Protection of Children) Act. 3. The allegation is that the petitioner procured Muthumari, aged 15 years, for the purpose of hazardous employment in her house. The learned counsel for the petitioner submitted that Muthumari, in her statement given to the Sub Inspector of Police, stated that she is being properly looked after in the house of the petitioner, that she plays with the children of the petitioner and that she was being taken B.A.No.5126/2011 2 along with the children of the petitioner while going to the school and while coming back. The parents of Muthumari died about three years ago. She was being looked after by her uncle, who used to come to the house of the petitioner for ironing clothes. He used to visit the house even now. The girl was entrusted to the petitioner for looking after her and to protect her interest. It is submitted that out of compassion, the girl was permitted to live with the petitioner. It is also pointed out that all the jobs in the house are being taken by a maid servant and not by Muthumari. The Accident Register-cum-Wound Certificate available in the case diary indicates that there are no injuries on the body of Muthumari. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release her on bail for a period of one month on her executing bond for B.A.No.5126/2011 3 ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required . B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence . C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) Before the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN JUDGE csl