IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Bail Appl..No. 7196 of 2008() ----------------------------- CRMP.3577/2008 of J.M.F.C.-II,PATHANAMTHITTA CRIME NO.598/08 OF KONNY POLICE STATION PETITIONER/ ACCUSED --------------------------------------- ANOOP.S, AGED 23 YEARS, S/O SURENDRAN, KALLADIKKINAL HOUSE, VATTAKAVU, MANGARAM MURI, KONNY. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7196 of 2008 ----------------------------------------- Dated this the 26th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 363 and 376 of the Indian Penal Code. According to prosecution, petitioner kidnapped a girl aged 16 years on promise to marry her and subjected her to sexual intercourse against her will and consent. 3. Learned counsel for petitioner submitted that petitioner and the alleged victim were in love with each other and he has not kidnapped, but she had gone to him on her own free will. 4. Petitioner was arrested on 14.10.2008. He is in custody for the past 42 days. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner, but stringent condition may be imposed. 4. I am satisfied that bail can be granted to petitioner on conditions. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA.7196/08 2 ii) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. iii). Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of the condition in clause no.(ii) above. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.