IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 566 of 2010(C) ----------------------------------------- [C.M.P. 698/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEYYATTINKARA, CRIME NO. 45/2010 OF THIRUVALLAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT] .................... PETITIONER/ACCUSED: ---------------------------------- CHANDRAN, S/O.RAVEENDRAN, AGED 25, LANGAKKAKAM, PANDIMUTTATHU VEEDU, THIRUVALLAM VILLAGE, THIRUVALLAM DESAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.K.R.SUNIL. RESPONDENT/COMPLAINANT: -------------------------------------------- THE SUB INSPECTOR OF POLICE, THIRUVALLAM POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 566 of 2010 ------------------------------------ Dated this the 8th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 45/2010 of Thiruvallam Police Station. 2. The offence alleged against the petitioner is under Section 366 A of the Indian Penal Code. 3. The prosecution case is that on 21.01.2010, the daughter of the de facto complainant, aged 16 years was found missing. The girl and the petitioner herein were arrested from Punalur on 22.01.2010. The petitioner was remanded to judicial custody. The girl was sent back with her parents. 4. It is stated that the petitioner fell in love with the daughter of the de facto complainant. Such a statement is made by the victim as well. 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 on stringent conditions. B.A. No. 566 of 2010 2 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each 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 all Mondays, 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 enter into the limits of Thiruvallam Police Station for a period of two months, except for complying with conditions A and B. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 ln