Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN FRIDAY, THE23D DAY OF MAY20142ND JYAISHTA, 1936 Bail Appl..No. 3419 of 2014 () ------------------------------- CRIME NO. 236/2014 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM -------------------- PETITIONER/2ND ACCUSED : ------------------------------------------- SUNIL ALPHONSE, S/O.ALPHONSE, 26 YEARS T.C.71/513, NEAR VALIYATHURA HOSPITAL VALIYATHURA WARD, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.A.CHANDRA BABU RESPONDENT/STATE/COMPLAINANT : --------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2305-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 3419 of 2014 B ------------------------------------------ Dated this the 23rd day of May, 2014 ORDER
The petitioner is the 2nd accused in Crime No.236/2014 of Valiyathura Police Station, Thiruvananthapuram District. Offences alleged are under sections 366A and 376D of IPC and section 3 r/w 4 of POCSO Act.
2. The petitioner has been in custody since 28.02.2014.
3. It is alleged that the petitioner along with the 1st accused kidnapped the victim girl, aged only 16 years, and took her to the house of the 1st accused and from there she was gang raped by the accused.
4. The learned Public Prosecutor points out the gravity of the offence that the victim girl is aged only 16 years and that she was gang raped by the accused persons. It is pointed out that there is no likelihood of filing the B.A. No. 3419/2014 -2- charge sheet immediately within the statutory period.
5. Considering the period of detention already undergone by the petitioner and in view of the submission made on behalf of the petitioner that he will abide by any condition that may be imposed on him, the petitioner is granted bail with effect from 27.05.2014 subject to the following conditions: (i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Sessions Judge/Special Judge. If in case the Sessions Judge/Special Judge has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Sessions Judge/Special Judge can insist for production of the attested B.A. No. 3419/2014 -3- photo copies of the original title deeds of the sureties. (ii) The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. (iii) The petitioner shall surrender his original passport before the learned Sessions Judge/Special Judge. If he is not having any valid passport, he should file an affidavit regarding the same before the Sessions Judge/Special Judge. (iv) The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will B.A. No. 3419/2014 -4- not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (v) The petitioner shall not leave India without the prior permission of the learned Sessions Judge/Special Judge. (vi) The learned Sessions Judge/Special Judge will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. (vii) Except for compliance of condition no.ii, the petitioner shall not enter the limits of Valiyathura Police Station nor shall he contact the victim girl or her near relatives directly or indirectly. B.A. No. 3419/2014 -5- The passport will be produced and/or the affidavit mentioned earlier will be filed within 10 days from the date of release from jail. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj