Subaida v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 Bail Appl..No. 7998 of 2015 () ------------------------------- CRL.M.P. NO. 2868/2015 IN SC NO. 521/2014 OF SESSIONS COURT, ERNAKULAM CRIME NO. 346/2011 OF NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT ------------------ PETITIONER/2ND ACCUSED :
------------------------------------------- SUBAIDA, AGED 39 YEARS W/O.SUDHEER, CHOUTHIPARAMBIL HOUSE, VANIYAKKAD KARA KOTTUVALLY VILLAGE, ERNAKULAM DISTRICT.
BY ADV. SRI.P.A.MUJEEB RESPONDENT/COMPLAINANT :
---------------------------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31.
BY SR. PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-12-2015, ALONG WITH BA NO. 8010/2015 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
A.HARIPRASAD, J.
-------------------------------------- -------------------------------------- Dated this the 14th day of December, 2015 COMMON ORDER Applications for bail under Section 439 of the Code of Criminal Procedure.
2.
Petitioner is the second accused in eleven cases with similar set of allegations and offences. She is said to have been involved in offences punishable under Sections 366A, 371, 373 and 109 read with Section 34 of the Indian Penal Code, Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and Sections 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956.
3.
Prosecution case is that the petitioner along with her husband submitted her girl child to various persons for sexual exploitation. 4.
Heard both sides.
5.
Learned Prosecutor submitted that the petitioner has been convicted after trial in two cases. Although her convictions were suspended, she is not released since she could not execute the bail bonds. These matters are pending before the Sessions Court, Ernakulam.
Considering the stage of the matter, bail is granted to the petitioner in all these cases with following conditions: i.
Petitioner shall be released on bail on executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Sessions Judge having jurisdiction.
ii.
The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
iii.
In the event of her release, the petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed. iv.
Petitioner shall not indulge in any offence while on bail. v.
She shall not influence or intimidate the witnesses or meddle with the investigation in any manner.
vi.
She shall not leave Ernakulam District without the permission of the Sessions Court where the matter is pending. If any of the above conditions is breached by the
petitioner, the lower court concerned is free to cancel bail without referring the matter to this Court.
A. HARIPRASAD, JUDGE.
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