IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 8643 of 2011 CRIME NO.395 OF 2011 OF KOLLAM WEST POLICE STATION, KOLLAM. PETITIONER/ACCUSED NO.8: -------------------------------------- NIKESH, AGED 27 YEARS, S/O.MARCOSE, VADAKKEVEETTIL, BADIYADUKKA VILLAGE, PERADALA P.O., KASARAGOD DISTRICT. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8643 OF 2011 ------------------------------------------------------ Dated this the 24th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.8 in Crime No.395 of 2011 of the Kollam West Police Station. 2. The offences alleged against the petitioner are under Sections 366-A and 376 (2) (g) read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following:- The victim girl, who was a minor at the relevant time was found in suspicious circumstances within the limits of Sakthikulangara Police Station. Her mother was working abroad. Her father is stated to be an alcoholic and she had difference of opinion with her father. The girl was sent to the Mahila Mandiram, Anchukallumoodu, Kollam. She escaped from the Mahila Mandiram. The matter was reported to the police. The police registered the crime and she was taken to custody. BAIL APPL. NO.8643 OF 2011 :: 2 :: 4. Meanwhile, one Noushad filed W.P.(Crl.) No.173 of 2011 alleging that the girl was illegally detained at Mahila Manidaram. Noushad claimed to be her lover. 5. The girl was produced before the High Court. Her father also appeared. The girl's father produced the S.S.L.C. Book of the girl from which it was revealed that her date of birth was 17/05/1995 and that she was a minor at the relevant time. The Division Bench directed to constitute a Special Team for the investigation of the case. Inspector General of Police, Central Zone was also directed to file report. Investigation revealed that the girl was sexually abused by several persons namely, Noushad, Sooraj @ Benny, Nikesh (petitioner), Laiju, Lijo, Mano @ Loona and one Ratheesh at various dates and places. 6. On medical examination, it was revealed that the girl was pregnant. The Division Bench appointed the District Collector as the guardian of the minor girl and in the peculiar facts and circumstances of the case, her pregnancy was allowed to be terminated. The girl is still in the Mahila Mandiram under police protection. BAIL APPL. NO.8643 OF 2011 :: 3 :: 7. The allegation is that the petitioner sexually abused the girl at Guruvayoor and Kozhikode on two different occasions. 8. The petitioner had filed B.A.No.7603 of 2011, which was dismissed as per the order dated 26.9.2011. Investigation has progressed much thereafter. The allegations as levelled against the petitioner are to be differentiated from the allegations made against Noushad. 9. 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. 10. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Magistrate having jurisdiction, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; BAIL APPL. NO.8643 OF 2011 :: 4 :: b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on 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 as above. (K.T.SANKARAN) Judge ahz/