IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Bail Appl..No. 4536 of 2008() ----------------------------- CRIME NO.246/08 OF BACKEL POLICE STATION PETITIONER:- ----------------------------- MOHAMMED ASHRAF S.V., AGED 26 YEARS, S/O S.V. ABDULLA, SCHOOL VALAPPIL HOUSE, UDUMA PADINJARE, UDUMA VILLAGE, KASARGODE. BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO. 246 OF 2008 OF BACKEL POLICE STATION). BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4536 of 2008 ----------------------------------------- Dated this the 23rd July, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, a crime was registered under the caption 'woman missing' on the basis of a statement given by the uncle of one girl, aged 23 years. In the meantime, the girl's father filed a Habeas Corpus Petition No.193 of 2008 before this Court and the petitioner as well as the girl appeared before the Division Bench of this Court. The said petition was disposed of as per order dated 16.6.2008 and it was observed in the order that the Division Bench interacted with the girl and she stated that on the date of fixation of her marriage she ran away from the house with the petitioner. 3. The alleged victim also revealed that she completed M.A. English Literature course. She is aged 23 years and that she fell in love with the petitioner and they together went to Mangalore and stayed in a hotel and on the next day they came to Calicut and registered an agreement to marry and notice was also given under the Special Marriage Act. The Division Bench therefore directed the girl to surrender before the Judicial Magistrate of First Class Court BA.4536/08 2 on 18.6.2008 and accordingly she appeared before the court. She was set free, being a major. 4. It is submitted by learned counsel for petitioner that the girl appeared before the Magistrate Court in the custody of her father on 4.7.2008 and hence she gave a statement, implicating the petitioner in an application for bail. The petitioner, therefore, apprehends arrest but, he may be granted anticipatory bail, taking into account the inconsistent stand taken by the alleged victim, it is submitted. 5. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner. On hearing both sides, I am satisfied that the apprehension is well founded and in the light of the stand taken by the girl, it is only fit and proper to grant anticipatory bail. Hence, the following order is passed: Petitioner shall surrender before the investigating officer within 7 days from the date of this order and in the event of his arrest, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. This petition is allowed. K.HEMA, JUDGE vgs.