IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5783 of 2009 CRIME NO.271 OF 2009 OF ARYANCODE POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ SIMON, AGED 44 YEARS, THEKKEKARA BUNGLOW, PAZHAMALA, MEKKONAM, PAZHAMAL DESOM, PERUMKIDAVILA, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.A.S.ANILKUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5783 OF 2009 ------------------------------------------------------ Dated this the 7th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.271 of 2009 of Aryancode Police Station, Thiruvananthapuram. 2. The offence alleged against the accused persons is under Section 366A of the Indian Penal Code. 3. The date of occurrence was on 29.8.2009. The petitioner was arrested on 23.9.2009. The prosecution case is that on 29.8.2009, Amala Jyothi, daughter of the de facto complainant was taken by the first accused with the help of the second accused in a vehicle from the residence of the de facto complainant. The de facto complainant filed a Habeas Corpus Petition before the High Court. The girl as well as the first accused appeared before Court. The girl was reluctant to go with her parents. There was dispute regarding the age of the girl. According to the first accused, the girl had B.A. NO. 5783 OF 2009 :: 2 :: attained majority. There is difference between the actual date of birth and the date of birth shown in the school records, even according to the de facto complainant. The Division Bench directed the girl to be placed in Santhiniketan Hostel. The Habeas Corpus Petition now stands posted to 12.10.2009. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- 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 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; B.A. NO. 5783 OF 2009 :: 3 :: 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 as above. (K.T.SANKARAN) Judge ahz/