IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 1197 of 2010(F) ---------------------------------------- CRMP.790/2010 of J.M.F.C., HARIPAD CRIME NO.2/2009 OF THRUKKUNNAPUZHA POLICE STATION, ALAPPUZHA. .................... PETITIONER/ACCUSED: -------------------------------------- SUDEESH, AGED 24 YEARS, S/O.CHIDAMBARAM, MANGALASSERIL VEEDU, WARD NO.IX, THRUKKUNNAPPUZHA PANCHAYAT, PALLIPPATTU MURI, THRUKKUNNAPUZHA VILLAGE, DIST.ALAPPUZHA. BY ADV. SRI.V.MADHUSUDHANAN RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.2 OF 2009 OF THRUKKUNNAPUZHA POLICE STATION, ALAPPUZHA DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1197 of 2010 ------------------------------ Dated this the 1st day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.2/2009 of Thrukkunnapuzha Police Station. 2. The offences alleged against the petitioner are under Sections 366A and 376 of the Indian Penal Code. 3. The prosecution case is that on 1/1/2009, the de facto complainant's minor daughter was found missing. She had eloped with the petitioner. The petitioner was in love with the girl. The girl was taken by the petitioner to Kolkatta. Later, he got employment in Kolkatta. The father of the girl, on getting information that the girl was in Kolkatta, went to Kolkatta and took back the girl with him to Kerala. On 12/1/2009, the girl was produced before the court of the Judicial Magistrate of the First Class-I, Haripad. She expressed her desire to go with the parents and accordingly, she was allowed to go with them. 4. It would appear that the accused came to Kerala recently on getting a job at Ernakulam. The petitioner was B.A. No. 1197/2010 2 arrested on 15/2/2010 and he was remanded to judicial custody. 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. 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-I, Haripad subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on every Sunday, 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 surrender his Passport before the court of the Judicial Magistrate of the First Class-I, Haripad within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. B.A. No. 1197/2010 3 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 scm