IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 Bail Appl..No. 3184 of 2009() ----------------------------- CRIME NO.155/09 OF SAKTHIKULANGARA POLICE STATION .................... PETITIONER : ---------------------- TRIBILO, S/O.JOSEPH, EZHUTHUVILA, ARAVILANAGAR 58, KAVANAD P.O., KOLLAM DISTRICT. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): --------------- THE STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3184 of 2009 ------------------------------ Dated this the 22nd day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.155 of 2009 of Sakthikulangara Police Station. 2. The offence alleged against the petitioner is under Section 366(A) of the Indian Penal Code. 3. The victim girl was aged below 18 years. The petitioner states that he was in love with the girl. They eloped. The mother of the girl moved a Habeas Corpus Petition before this Court. After two moths, the petitioner and the girl appeared before court. The girl was sent with her parents. Again, the case was posted for appearance of the parties. Ultimately, the girl decided to go with her parents. By that time, she had attained majority. The Habeas Corpus Petition was accordingly closed. 4. Now, the petitioner apprehends arrest in Crime No.155 of 2009 where the offence alleged against him is under Section 366(A) of the IPC. 5. Taking into account the peculiar facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the BA No.3184/2009 2 petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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 not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl