The petitioners are accused Nos. 3 and 4 in Crime No. 1396/2014 of Varkala Police Station, Thiruvananthapuram District, registered for offences under Sections 366, 366A, 376(D) IPC and Section 3(a) and 4 of the Protection of Children from Sexual Offences Act, 2012.
2. The gist of allegations in the above crime is that on 09.08.2014, the defacto complainant and one of her relatives were taken from the Government Hospital, Varkala in an autorikshaw driven by the 1st petitioner and that the accused persons committed rape on the relative of the defacto complainant. Accused Nos. 1 and 2 are also alleged to have committed rape on the minor victim girl. The petitioners were arrested and remanded on 18.08.2014 and they have been under custodial detention for the last 71 days.
3. Sri. Babu S.Nair, learned counsel for the petitioners would submit that this Court as per order dated 30.09.2014 rendered in Bail Application No.6504/2014 had granted regular bail to accused No.11. Later, this Court as per Annexure B order dated 14.10.2014 in Bail Application No. 6617/2014 had granted bail to 2nd accused. Learned counsel for the petitioners would submit that as the investigation on the role of the present petitioners are over and as they are under custodial detention for the last more than 71 days, this Court may order grant of regular bail to them, in the interest of justice.
4. The learned Public Prosecutor would submit that the investigation is not completed as accused Nos. 1, 6, 8 and 9 could not be arrested sofar and that if this Court is inclined to grant bail to the petitioners herein, in view of the aforementioned facts and circumstances, then, necessary safeguards may be placed so as to protect the bonafide interest of the prosecution as well as the defacto complainant and minor victim girl.
5. As the petitioners are under custodial detention for the last 71 days, this Court is inclined to consider the plea of regular bail to the petitioners herein, but this Court will also hold that stringent conditions should be placed so that the possibilities of the petitioners influencing or intimidating the defacto complainant and the minor victim girl are abated, so as to protect the bonafide interest of the prosecution. Sri. Babu S.Nair, learned counsel for the petitioners would submit that the petitioners would abide by any stringent conditions that may be imposed by this Court and that are found just and necessary by this Court.
6. Accordingly, it is ordered that the petitioners shall be released on bail on each of the petitioners executing a bond for `.35,000/- (Rupees Thirty Five Thousand Only) with two solvent sureties for the like amount to the satisfaction of the Court concerned and to the following conditions:
i) Petitioners shall not enter into or reside within the territorial limits of Thiruvananthapuram Revenue District until the conclusion of criminal proceedings in this case, except for the purposes of compliance with the other conditions of this order given hereinafter or for meeting with the requirements in connection with any other cases in Thiruvananthapuram District.
ii) The petitioners shall surrender their passport, if any, before the jurisdictional Magistrate concerned within three days from the execution of the bail bond before the Investigating Officer and if they are not holders of passport, they shall file an affidavit to that effect in the said court. If the petitioners require their passport in connection with their travel abroad, then they shall approach the court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v State of Kerala, (2009(2) KLT 712), notwithstanding the aforementioned conditions imposed by this Court.
iii) The petitioners shall report before the Investigating Officer in Crime No.1396 of 2014 of Varkala Police Station, Thiruvananthapuram district between 10 a.m and 11 a.m on every Saturdays till such period as may be required by the Investigating Officer.
iv) The petitioners shall not involve in any criminal offence of similar nature.
v) The petitioners shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
vi) The petitioners shall fully co-operate with the investigation and report before the Investigating Officer as and when required by him.
If the petitioners violate any of the aforementioned conditions, the bail granted to them is liable to be cancelled.
This application is disposed of as above.
Sd/-
ALEXANDER THOMAS, JUDGE jv