IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Bail Appl..No. 6654 of 2008() ----------------------------- CRIME NO.350/2008 OF KATTAKADA POLICE STATION .................... PETITIONERS: ACCUSED ------------------------------------ 1. SANTHOSH KUMAR, S/O.MOHANAN, JAYA BHAVAN URIYAKODE, KONNIYOOR MURI, PERUKULAM VILLAGE. 2. NAVEEN, S/O.RAMAMOORTHY, NEAR ARYANADU BAMBOO CORPORATION ARYANADU VILLAGE, NEDUMANGADU TALUK FROM MOOLAMATTOM PUTHENURAKKAL VEEDU PARIPALLI DESOM, ARAKULAM VILLAGE, IDUKKI. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6654 of 2008 --------------------------------------------- Dated this the 3rd November, 2008 O R D E R This petition is for bail. 2. According to prosecution, petitioners are accused nos.1 and 2 respectively. The first and second accused took the alleged victim to the wife house of second accused and first accused committed rape on her. Thereafter, she was taken to different places and she was arrested with the first accused from Thirupur. On a complaint filed by her father, a crime was registered under the caption 'woman missing'. On investigation, it was revealed that offences under Sections 366A and 34 IPC were committed. 3. Learned counsel for petitioners submitted that the girl was not kidnapped. She crossed the age of 17 years at the time of offence. Petitioners were in custody from 21.9.2008 onwards. The victim and the accused were working in a textile shop and petitioners have not committed any offence with any criminal intention, it is submitted. 4. Learned public prosecutor submitted that he has no objection in granting bail on stringent conditions. BA No.6654/2008 2 Hence, bail is granted to the petitioners on the following terms and conditions: (i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioners shall report before the Commissioner of Police, Thiruvananthapuram on every alternate day between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not leave the limits of police station within which the crime is registered except with prior permission of learned Magistrate. (iv) Petitioners shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl