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: Sl. No. Name of the accused Rank Date of arrest Bail Application 1 Sunny 45 30/6/2011 B.A. 5786 of 2011 2 RajasekharanNair @ Rajan 103 08/07/11 B.A. 5947 of 2011 3 R.MohanKumar 47 01/07/11 B.A. 5972 of 2011 4 Maideen 114 14/07/11 B.A. 5999 of 2011 5 Magudeswaran 104 08/07/2011 B.A. 6028 of 2011

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 `film 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.

4. The victim stated in the First Information Statement that her father used to entrust her with some brokers. The mother of the victim, initially opposed the misdeeds of her husband, but she was silenced by meting out cruelty to her by her husband. The father of the victim also threatened and terrorized the victim and her brother. On one occasion, the victim was taken by his father to Varapuzha bridge and he threatened that the victim would be thrown to the river. The father used to hang the brother of the victim upside down on the fan to pressurize the victim to go for sex work. The victim also stated in the First Information Statement that her father used to give her pills to prevent pregnancy. The victim had even to undergo treatment in two hospitals as a result of subjecting her to excessive sexual intercourse. The victim stated that her father used to receive money for presenting her to several persons.

5. Heard Sri.K.Abdul Jawad, Sri.M.T.Suresh Kumar, Sri.K.Sunil Kumar, Sri.Mansoor.B.H. and Anil K.Muhamed, learned counsel appearing for the petitioners, and Sri.V.Tekchand and Sri.V.Manu, the learned Public Prosecutors.

6. The allegation against Accused No.45 Sunny (Petitioner in B.A. No. 5786 of 2011) is that he, along with Anoop (accused No.150), procured the victim girl with the help of Omana (Accused No.14). The girl was taken in a car to Vengoor, where Sunny owns a property. They subjected the girl to sexual abuse. They gave Rupees Five hundred as tip to the girl and Rupees Five thousand to Omana, the pimp. It is alleged that Sunny contacted one Lissy, who arranged a shed near Vengoor D