IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7289 of 2009()
1. SACKARIA, S/O.YOHANNAN,
... Petitioner
Vs
1. STATE REPRESENTED BY THE PUBLIC
... Respondent
For Petitioner :SRI.B.RAMAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/12/2009
O R D E R
K.T.SANKARAN, J.
-----------------------------------------------
B.A.Nos.7289 & 7347 of 2009
------------------------------------------------
Dated this the 11th day of December, 2009
ORDER
These are applications for bail under Section 439 of the
Code of Criminal Procedure. The petitioner Sackaria is accused
No.3 in both the cases. The offences alleged in Crime No.2105
of 2009 of Central Police Station, Ernakulam are under Section 8
of the Immoral Traffic (Prevention) Act and Section 366A of the
Indian Penal Code. Originally, the offence under Section 366A
was not there and it was later added. In Crime No.870 of 2009
of Cheranellur Police Station, the offences alleged are under
Sections 372, 373, 376, 366A, 342 and 120B of the Indian Penal
Code. This crime was originally registered as Crime No.2220 of
2009 of Central Police Station, Ernakulam which was transferred
to Cheranellur Police Station where it was re-registered as
Crime No.870 of 2009.
2. The crime was originally registered for the offence
under the Immoral Traffic (Prevention) Act, consequent on a
search made in a residential flat at Ernakulam on 22.9.2009. On
such search, the petitioner herein, a woman and another girl
BA Nos.7289 & 7347/2009 2
were found in the flat. They were arrested. The learned
Magistrate before whom the accused persons were produced
thought that the girl had not attained majority and that she was
a victim of the crime. Later, it was revealed that the girl had not
attained majority at the relevant time.
3. The prosecution case is that Soja, Deepu and Sackaria
procured a minor girl and she was subjected to forceful sex by
several persons at different places. It was also alleged that
Sackaria also committed rape on the girl.
4. Lavanya, who was also found in the flat, was granted
bail subsequently as per the order dated 10th November, 2009 in
Bail Application No.6376 of 2009 as she had no role to play in
the offence under Section 366A of the Indian Penal Code and
the only allegation against her was that she committed an
offence under the Immoral Traffic (Prevention) Act.
5. Bail Application filed by the petitioner as Bail
Application No.6376 of 2009 along with Lavanya, was dismissed
in so far as it related to the petitioner, by the order dated 10th
November, 2009. The petitioner moved another application for
bail as Bail Application No.6813 of 2009 which was also
BA Nos.7289 & 7347/2009 3
dismissed by the order dated 20th November, 2009.
6. The petitioner was arrested on 22.9.2009 in Crime
No.2105 of 2009 and his formal arrest was recorded on
13.10.2009 in Crime No.870 of 2009 of Cheranellur Police
Station. The investigation has progressed after the dismissal of
the earlier Bail Applications.
7. 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 on stringent conditions.
The petitioner shall be released on bail on his executing
bond for Rs.50,000/- in each case with two solvent sureties for
the like amount to the satisfaction of the Judicial Magistrate of
the First Class-II, Ernakulam, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on every Monday and
Thursday for a period of two months and thereafter on all
Mondays, till the final report is filed or until further orders;
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;
BA Nos.7289 & 7347/2009 4
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 Applications are allowed as above.
K.T.SANKARAN,
JUDGE
csl