IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 7838 of 2009(D ) CRIME NO.258 OF 2009 OF SREEKANDAPURAM POLICE STATION, KANNUR PETITIONER: 3RD ACCUSED: -------------------- ANURAG,S/O.RAGHAVAN, PRAKKOTH MANHERI HOUSE, VILAKKANNUR,KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,KOCHI-35. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2010, ALONG WITH BA NO.37 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7838 OF 2009 and B.A.No. 37 of 2010 ------------------------------------------------------ Dated this the 21st day of January, 2010 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. B.A.No.7838 of 2009 is filed by accused No.3, while B.A.No.37 of 2010 is filed by accused No.7 in Crime No.258 of 2009 of Sreekandapuram Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 376 and 366A of the Indian Penal Code. 3. The victim girl was aged only fifteen years at the relevant time. Heard the learned counsel for the petitioners and the learned Public Prosecutor. It is submitted by the learned Public Prosecutor that medical examination reveals that the girl had slight mental retardation. The allegation is that exploiting the mental condition of the victim, several persons of the locality sexually exploited her and committed the offence. It is submitted that there are eleven accused persons in the case. B.A. NOS.7838/2009 & 37/2010 :: 2 :: 4. Accused Nos.3 and 7 were arrested on 29.11.2009 and they were remanded to judicial custody. 5. Taking into account the facts and circumstances of the case and duration of the judicial custody undergone by the petitioners, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thaliparamba, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not enter into the limits of Kannur District for a period of two months except for complying with conditions (a) and (b); B.A. NOS.7838/2009 & 37/2010 :: 3 :: d) The petitioners shall surrender their passports before the Court of the Judicial Magistrate of the First Class, Thaliparamba within one week. If any of the petitioners does not hold an Indian Passport, he shall file an affidavit to that effect before the learned Magistrate within one week; e) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioners 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 Applications are allowed as above. (K.T.SANKARAN) Judge ahz/