IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Bail Appl..No. 1532 of 2010() ----------------------------- CRIME NO.95/2010 OF POOVAR POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- ABHIJITH.M.S., S/O.MONY, CHITHIRA VEEDU, ARUMANOOR DESOM, POOVAR, THIRUPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.S.SAJU RESPONDENT(S): COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE C.I. OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM- THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL. 2ND RESPONDENT : 2. THANKAPPAN.H. S/O.LATE HARISE RESIDING AT ASHA BHAVAN ELAYAGAVILAKOM, ARUMANOOR POOVAR .P.O., PIN 695525 THIRUVANANTHAPURAM DISTRICT. IMPLEADED AS PER THE ORDER IN CRL.M.A.NO.1382/2010 DATED 17.3.2010 PUBLIC PROSECUTOR SRI.M.S.BREEZ ADV. SRI.R.GOPAN FOR ADDL.RESPONDENT THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1532 of 2010 --------------------------------------------- Dated this the 17th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.95 of 2010 of Poovar Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 366A of the Indian Penal Code. 3. On 25.2.2010, the father of the victim reported to the police that his daughter was found missing. He had a doubt whether his daughter had gone along with the petitioner. On 27.2.2010, the petitioner and the victim were taken into custody by the police. The petitioner was arrested and he was remanded to judicial custody on 28.2.2010. 4. An application is filed by the de facto complainant for impleading him in the Bail Application. In the application, it is stated that the victim was in love with the petitioner and they had eloped. The elder members of both the families discussed the matter and settled the case. It is stated that the petitioner's parents had agreed to allow the victim to reside in their house and they have also agreed to protect the girl. It is also agreed that on the girl attaining majority, the petitioner will marry her. BA No.1532/2010 2 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl