IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 Bail Appl..No. 3727 of 2010() ----------------------------- (CRIME NO. 201/2010 OF KUNNAMANGALAM POLICE STATION) APPLICANT/ACCUSED --------------------------- UNAIS P.K., S/O.MOIDEEN, AGED 18 YEARS, PEVUMKOODUMMEL HOUSE, KUNNAMANGALAM P.O., PANTHEERPADAM. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION, KOZHIKODE DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3727 OF 2010 -------------------------------- Dated this the 24th day of June 2010 ORDER This petition is for bail. 2. The alleged offences are under Sections 143, 147, 323, 367, 506(1) r/w 149 of IPC. According to prosecution, petitioner (A10) along with nine others formed into an unlawful assembly and on 12/05/2010, they abducted de facto complainant in prosecution of common object of the said assembly. De facto complainant was thereafter compelled by the accused to call his friend. When his friend came there, he was also abducted and assaulted. In respect of these acts, two crimes were registered. This crime relates to the abduction of de facto complainant and the other crime is in respect of the acts committed against de facto complainant's friend. 3. Learned counsel for petitioner submitted that petitioner is a boy aged 18 years. He was taken into custody on 05/06/2010. But, according to respondent, he was arrested on 07/06/2010. Though the incident happened on 12/05/2010, complaint was filed on 19/05/2010, after seven days. Petitioner's name is not mentioned in FIS. B.A No.3727 OF 2010 2 4. Learned Public Prosecutor submitted that this petition is not opposed taking into account the age of petitioner. On hearing both sides, I am satisfied that bail can be granted to petitioner. It is submitted that petitioner is not a student. Hence the following order is passed: Petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions: (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 A.M and 1 P.M. (ii) Petitioner shall not influence or intimidate any witness or tamper with any evidence. (iii) In case the petitioner is involved in any similar case, his bail is liable to be cancelled. Petition is allowed. K.HEMA JUDGE B.A No.3727 OF 2010 3 vdv