IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 9892 of 2011() ----------------------------- CRIME NO.1773/2011 OF NEYYATINKARA POLICE STATION .................... PETITIONERS/ACCUSED 3 & 5 : ---------------------------------- 1. RAJESH, S/O.RAJAN, AGED 30 YEARS, MALLIKAVILASOM VEEDU, DEVIYODU, CHERUVALLOOR, VILAVAMCODE TALUK, KANYAKUMARI DISTRICT. 2. JOY, S/O.KUTTAPPAN, AGED 23 YEARS, PUTHUVAL PUTHENVEEDU, DEVIYODU, CHERUVALLOOR, VILAVAMCODU TALUK, KANYAKUMARI DISTRICT. BY ADV. SRI.G.SUDHEER RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, ALONG WITH B.A.NO.9963/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.Nos.9892 & 9963 of 2011 ----------------------------------- Dated this the 9th day of December, 2011 O R D E R These Bail Applications are filed by the accused in same crime number, namely, 1773 of 2011 of Neyyattinkara Police Station and therefore, these Bail Applications are being disposed of by this common order. The petitioner in Bail Application No.9963 of 2011 is accused No.4 while the petitioners in Bail Application No.9892 of 2011 are accused Nos.3 and 5. 2. The offence alleged against the petitioners is under Section 366 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 31.10.2011 at about 4.45 P.M., while the daughter of the de facto complainant (the victim) and her friend were returning from college, the victim was abducted by the accused who came in a car. The girl was taken to several places in Kerala and in Tamil Nadu. It is stated that the first accused had some liking towards the girl. The first accused BA No.9892 & 9963/2011 2 and the victim were known to each other. It is alleged that the other accused are the friends of accused No.1. The petitioners were arrested on 7.11.2011. The first accused is not arrested so far as he is absconding. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary including the statement given by the victim girl before the learned Magistrate under Section 164 of the Code of Criminal Procedure. I have also taken into account the examination report of the victim and the “history related to the incident” mentioned in the examination report of the victim. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing BA No.9892 & 9963/2011 3 bond for ` 25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Neyyattinkara, subject to the following conditions: A) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; D) The petitioners 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 Applications are allowed as above. K.T.SANKARAN JUDGE csl