IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Bail Appl..No. 4405 of 2010() ----------------------------- CRIME NO.379/2010 OF PALODE POLICE STATION .................... APPLICANT ----------------------------- ANURAG @ ANU,AGED 27,S/O.RAJAPPAN, KAITHAPARAMBIL VEEDU,CHOOZHANAUNNATHANIL,VALAKUZHI, VENNIKULAM,EZHUMATTOOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.T.RAVIKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE S.I.OF POLICE,PALODE POLICE STATION, NEDUMANGAD,(CRIME NO.379/2010). PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- B.A No.4405 of 2010 -------------------------------------- Dated this the 23rd day of July, 2010 O R D E R Petitioner who is the sole accused in Crime No.379/2010 of Palode Police Station for offences punishable under Sections 366 and 376 IPC seeks his release on bail. 2. The case of the prosecution can be summarized as follows:- On 7.6.2010 at about 8.30 am Anu, the 16 years old victim, who is a student of S.N.V.H.S at Anad had gone to the school but did not return in the evening as usual. Her father lodged a complaint before the Palode Police Station suspecting one Sajad, the cleaner of the school bus behind the disappearance of his daughter. That resulted in Palode Police registering the above crime under the caption “man missing”. During the course of investigation, the 2nd respondent, Sub Inspector of Police, Palode during investigation reported that on 10.6.2010 the marriage of the missing girl Anu with the petitioner B.A No.4405 of 2010 : 2 : herein was solemnized in the Eswaripuram Mahadevi Kshethram. The petitioner was arrested and produced before the J.F.C.M Court-I, Nedumangad on 19.6.2010 and was remanded on judicial custody. The statement was recorded by the Magistrate from Anu, the girl, who was missing. She has inter alia stated that she had eloped with the petitioner on her own wish and got married. 3. The petitioner has been in custody since 19.6.2010. 4. I heard the learned Counsel for the petitioner and the learned Public Prosecutor. 5. Having regard to the facts and circumstances of the case including the fact that the petitioner has been in custody since 19.6.2010, I am inclined to grant bail to the petitioner. Accordingly, the petitioner shall be released on bail on his executing a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties each for the like sum amount to the satisfaction of the J.F.C.M Court-I, Nedumangad and subject to the following B.A No.4405 of 2010 : 3 : conditions. 1. The petitioner shall report before the Investigating Officer as and when required by the Police. 2. The petitioner shall not influence or intimidate the prosecution witnesses including the victim and shall not attempt to tamper with the evidence of the prosecution. 3. The petitioner shall not enter the limits of the Palode Police Station until further orders to be passed by the Magistrate and shall not attempt to meet or communicate with Anu, the victim. 4. The petitioner shall not commit any offence while on bail. In case the petitioner commit breach of any of the above bail conditions, the bail granted to him shall be liable to be canceled. V.RAMKUMAR, JUDGE dmb