IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3903 of 2010() ------------------------------------------ (CRIME NO.604/2010 OF MOOVATTUPUZHA POLICE STATION,ERNAKULAM) PETITIONER:ACCUSED: --------------------------------------- M.M.JIJO, S/O.MATHENKUTTY, AGED 24, MADATHIKUNNEL, NIRAPPU BHAGOM, EAST VAZHAPPALLY KARA, MULAVOOR VILLAGE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 3903 of 2010 ------------------------------------ Dated this the 1st day of July, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 366 and 376 of the Indian Penal Code. According to prosecution, petitioner kidnapped a minor girl aged 15 years on 28.05.2010 and committed rape on her. The crime was registered on a complaint made by the victim's father, when she was found missing. 3. Learned counsel for petitioner submitted that petitioner is in custody for the past 31 days and he is aged only 23 years. The alleged victim and the petitioner were in love with each other for a long time and she used to come to petitioner's house on various occasions, but offence under Section 366 of the Indian Penal Code is not involved. He has not committed rape on the victim. 4. This petition is not opposed. Learned Public Prosecutor submitted that it is not correct to say that rape is not committed in the light of the medical certificate and other materials in the case diary. However, taking into consideration and stage of B.A. No. 3903 of 2010 2 investigation, he has no objection in granting bail to petitioner on stringent conditions. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M. ii) Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. iii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln