IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Bail Appl..No. 6831 of 2011 CRIME NO.756 OF 2011 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM PETITIONERS: ACCUSED NOS.16 AND 24: -------------------- 1. M.A.MUNEER,AGED 22 YEARS S/O.AZIZ, MARUTHANAL PUTHERPURAYIL, PERUMBILLICHIRA PO, KUMARAMANGALAM, THODUPUZHA, IDUKKI DISTRICT. 2. NAUSHAD, AGED 24 YEARS, S/O.BEERANKUNJU,KORAPPILLIKKUDY HOUSE MANNAMKANDAM BHAGAM,ADIMALY KARA, NOW RESIDING AT VAKKATHIPARAMBIL HOUSE, KATTUKUDY COLONY BHAGAM, NELLIKKUZHY KARA, ERAMALLOOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP BY SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION IVESTIGATING OFFICER IN CR.NO.756/2011 OF KOTHAMANGALAM POLICE STATION ,REP BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA SHANMUGHAM ROAD, ERNAKULAM ,COCHIN 682 031. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6831 of 2011 --------------------------- Dated this the 1st day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.16 and 24 in Crime No.756 of 2011 of Kothamangalam Police Station. 2. The crime was registered for the offences under Sections 366A, 372, 373, 376 and 376(2)(f) read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3. The victim is a minor girl aged below 16 years at the relevant time. She belongs to a poor family. Her father is a coolie. The allegation is that several persons sexually exploited her by alluring and by giving petty gifts. 4. The allegation against accused No.16 is that he BA 6831/2011 2 along with accused Nos.15 and 17 took the girl in an Indica car in August, 2009 and committed the offence near a quarry, a lonely place. The allegation against accused No.24 is that in May, 2011, he took the de facto complainant in an autorickshaw and parked the autorickshaw at a lonely place near a quarry and committed the offence inside the autorickshaw. 5. Accused No.16 was arrested on 9.7.2011 and accused No.24 was arrested on 16.7.2011. 6. The petitioners filed B.A.No.6099 of 2011 for bail and that application was dismissed by the order dated 3rd August, 2011. Investigation has progressed thereafter. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners with effect from 15.9.2011. BA 6831/2011 3 The petitioners shall be released on bail only on 15.9.2011 on their executing bond for Rupees Fifty thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kothamangalam, subject to the following conditions: a) The petitioners shall surrender their passport before the Court of the Judicial Magistrate of the First Class Kothamangalam. If the passport was seized by the police or if the petitioners do not have a passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; b) The petitioners shall not either directly or indirectly contact the victim or her father, in any manner whatsoever, till the trial of the case is over; c) The petitioners shall not enter into the limits of Kothamangalam Police Station for a period of one month; d) The petitioners 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; e) The petitioners shall appear before the investigating officer for interrogation as and when required; f) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; BA 6831/2011 4 g) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; h) 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 csl