IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Bail Appl..No. 852 of 2010() ---------------------------- CRIME NO.33 OF 2010 OF BADIADKA POLICE STATION, KASARAGOD DISTRICT .................... PETITIONER/ACCUSED -------------------------------------- RIYAS, AGED 25 YEARS, S/O.ABDUL REHIMAN, VANIYARMOOLA HOUSE, KALANAD GRAMAM, KALANAD VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.33 OF 2010 OF BADIADKA POLICE STATION), KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.852 of 2010 --------------------------------------------- Dated this the 16th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.33 of 2010 of Badiadka Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 366A of the Indian Penal Code. 3. The petitioner was arrested on 3.2.2010 and he was remanded to judicial custody. 4. I have perused the case diary. 5. The statement of the victim girl shows that the petitioner had proposed to marry the victim girl and her parents also agreed. The marriage was fixed. Photographs were taken. Later, the marriage did not take place due to the activities of the brother-in-law of the victim. The victim girl contacted the petitioner over telephone and asked him to take her with him. She was taken by the petitioner. Later, the petitioner was arrested on 3.2.2010. BA No.852/2010 2 6. 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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