Petition filed under Section 439 Cr.P.C.
2. Petitioners are the accused in Crime No.690/2014 of the Feroke Police Station registered for the offences punishable under Section 376 read with Section 34 of the Indian Penal Code and Sections 3, 4 and 5 read with Section 6 and Section 11 read with Section 12 of the Protection of Children from Sexual Offences Act.
3. The allegation against the petitioners is that they have repeatedly committed aggravated penetrative sexual assault on a 12 year old girl and they had been doing so for the last around one year at their shop by paying her ₹10/- or ₹20/- on such instances. The girl was a school going student of the 7th standard. The petitioners have been in custody for the period from 18.09.2014 onwards.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor. Perused the CD.
5. No criminal antecedents have been reported against the petitioners. The contents of the CD reveal that the investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioners in custody, the present stage of investigation and the absence of any criminal antecedents on their part, this Court is the view that the petitioners can be enlarged on bail on strict conditions.
6. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on their executing a bond for `1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioners shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays commencing from 06.12.2014 for a period of six months.
(ii) Except for observing condition No.(i) above, the petitioners shall not enter the local limits of the Feroke Police Station, Kozhikode for a period of six months from today.
(iii) The petitioners shall neither contact the girl or her family members nor shall make any attempt for the same, either directly or indirectly.
(iv) The petitioners shall not tamper with the evidence or influence witnesses.
(v) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(vi) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
B. KEMAL PASHA, JUDGE ul/-
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