SUNNY Vs. STATE OF KERALA

JUDGEMENT

(1.) These Bail Applications are filed under Section 439 of the Code of Criminal Procedure by accused Nos. 45,103, 47, 114 and 104 in CBCID Crime No. 111/CR/HHWII/EKM/11 (North Paravoor Police Station Crime No. 346 of 2011). The offences alleged against the accused are under Sections 366-A, 354, 372, 373, 376 (2) (g), 506 (i), 342 and 202 read with Section 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act.

(2.) The details regarding the name of the accused, his rank as an accused, date of his arrest and the Bail Application number are shown in the table below: <p><table class = tablestyle width="85%" border="2" align="center" cellpadding="2" cellspacing="2" style="font-family:verdana"> <TR> <TD width="9%"><div align="center"><strong>Sl. No. </strong></div></TD> <TD width="34%"><div align="center"><strong>Name of the accused</strong></div></TD> <TD width="11%"><div align="center"><strong>Rank</strong></div></TD> <TD width="18%"><div align="center"><strong>Date of arrest</strong></div></TD> <TD width="28%"><div align="center"><strong>Bail Application</strong></div></TD> <TR> <TD><div align="center">1.</div></TD> <TD><div align="center">Sunny</div></TD> <TD><div align="center">45. </div></TD> <TD><div align="center">30.6.2011</div></TD> <TD><div align="center">B.A. 5786 of 2011</div></TD> <TR> <TD><div align="center">2.</div></TD> <TD><div align="center">Rajasekharan Nair @ Rajan</div></TD> <TD><div align="center">103</div></TD> <TD><div align="center">8.7.2011</div></TD> <TD><div align="center">B.A. 5947 of 2011</div></TD> <TR> <TD><div align="center">3.</div></TD> <TD><div align="center">R.Mohan Kumar</div></TD> <TD><div align="center">47</div></TD> <TD><div align="center">01.07.11.</div></TD> <TD><div align="center">B.A. 5972 of 2011</div></TD> <TR> <TD><div align="center">4.</div></TD> <TD><div align="center">Maideen</div></TD> <TD><div align="center">114</div></TD> <TD><div align="center">14.07.11</div></TD> <TD><div align="center">B.A. 5999 of 2011</div></TD> <TR> <TD><div align="center">5.</div></TD> <TD><div align="center">Magudeswaran</div></TD> <TD><div align="center">104</div></TD> <TD><div align="center">08.07.2011</div></TD> <TD><div align="center">B.A. 6028 of 2011</div></TD> </TR> </TABLE>

(3.) The gist of the prosecution case is the following: The victim, a girl aged below 16 years, was taken to several places within the State and in the neighbouring States under force and threat and she was compelled to have sexual intercourse with several persons against her will and without her consent for the period from 3-5-2010. The First Information Statement was given by the victim on 7-3-2011. The father of the victim is a real estate broker and a person who supplies junior artists to film makers. On 3-5-2010, the victim was taken by her father to a hotel at Panampilly Nagar, Ernakulam, stating that they had to meet Rsfilm people'. After leaving the victim in the room in the hotel, father of the victim left the place. The victim was raped by the man who was in the room. Thereafter, on that date and on the following days, she was taken to several places in and around Ernakulam city, Mysore, Ooty, Thiruvananthapuram, Kannur, Chalakkudy, Athirappilly, Munnar, Bangalore, Thrissur, Mapranam, Coimbatore etc. On 1-1-2011, the father of the victim took her to Coimbatore and entrusted her to a man and woman. They took the victim to a house where she was locked. She was subjected to forceful sex by twelve persons who visited the house. The victim escaped from that house and after reaching her native place, she disclosed the matters to her paternal uncle and other relatives. They advised the victim to inform the matter to the police.