IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Bail Appl..No. 2430 of 2010 ----------------------------- CRIME NO. 262 OF 2010 OF PUDUKKAD POLICE STATION PETITIONER (S): ACCUSED: ---------------------------- NIDHIN, AGED 18 YEARS, S/O.AYYAPPAN, PANIYATHU (H), KELIPPADAM, THORAVU VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): STATE; --------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BYP.P. SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2430 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 6th day of May, 2010 O R D E R This is a bail application filed by the accused in Crime No.262 of 2010 of Pudukkad Police Station under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that on March 19, 2010 at about 10.30 p.m. he kidnapped the victim, aged 14, daughter of the de facto complainant, and that he committed rape on her and that thereby he committed offences punishable under sections 363, 366A and 376 IPC. 3. The petitioner was arrested on March 25, 2010 and he is in remand thereafter. 4. Notice given to learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 5. For the following reasons, I am inclined to grant BA No.2430/2010 2 bail to the petitioner:- The petitioner is aged only 18. He is in remand from March 25, 2010 onwards. That apart, the specific case of the petitioner is that he is in love with the victim and that she has come with him on her own free will. It is revealed from the case diary produced that they have consumed poison and attempted to commit suicide. The investigation in the case is almost over. Therefore, I feel that the petitioner can be released on bail subject to stringent conditions:- 6. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall report before the Investigating Officer on all Mondays between 9 a.m. and 10 a.m. 3) The petitioner shall not interfere with the investigation or intimidate the witnesses. 4) Petitioner shall not leave the jurisdiction BA No.2430/2010 3 of the lower court without prior permission. 5) In case of breach of any of the conditions mentioned above, lower court can cancell his bail. P.Q. BARKATH ALI, JUDGE. mn