IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Bail Appl..No. 3685 of 2010() ----------------------------- CRIME NO.459/10 OF KOYILANDY POLICE STATION, KOZHIKODE .................... (S): PETITIONER/ACCUSED -------------------------------------- 1. RENJITH @ UNNI, S/O.KANARAN, AGED 23, PARAKKUL MEETHAL HOUSE, KEEZHARIYUR AMSOM, VADAKKUMMURI, KOYILANDY, KOZHIKODE DISTRICT. 2. BINU, S/O.HARIDASAN, AGED 26, ATTIATTIL TAZHE HOUSE, KEEZHARIYUR AMSOM, VADAKKUMMURI, KOYILANDY, KOZHIKODE DISTRICT. 3. ANOOP, S/O.KUMARAN, AGED 24, MALAYIL HOUSE, KEEZHARIYUR AMSOM, VADAKKUMMURI, KOYILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KOYILANDY POLICE STATION, KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3685 of 2010 ---------------------------------------------- Dated 18th June, 2010. O R D E R This petition is for bail. 2. The alleged offence is under Section 366 A read with Section 34 of the Indian Penal Code. According to prosecution, petitioners(accused nos.1 to 3), in furtherance of common intention, kidnapped a girl with intend to compel her to marriage with first accused and thereby committed the offence. 3. Learned counsel for petitioners submitted that first accused and defacto complainant's daughter are in love with each other and the alleged victim willingly come with first accused. The first accused is prepared to marry her. As per the SSLC certificate, she is major at the time of alleged offence. But, defacto complainant produced a birth certificate, forging the same, showing the age of the girl, to be below 18 years. When the girl was produced before the learned Magistrate, she was not willing to go with her parents. The girl was, therefore, sent to juvenile home. Petitioners are in custody for the past 14 days. 4. This petition is not opposed. On hearing both sides BA NO.3685/10 2 and on going through the case diary, I am satisfied that bail can be granted to petitioners, on conditions. Hence, the following order is passed: Petitioners shall be released on bail, on their executing bond for Rs.10,000/- (Rupees ten thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioners shall report before the Investigating Officer as and when directed and co- operate with the investigation. (ii) Petitioners shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs