IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Bail Appl..No. 4851 of 2010() ----------------------------------- CMP.7077/2010 of J.M.F.C.-I, NEYYATINKARA CRIME NO. 920/2010 0F NEYYATTINKARA POLICE STATION .................... PETITIONER/IST ACCUSED : -------------------------------- ARUN @ SUBASH, AGED 22, S/O.ARAVINDAKSHAN, SUDHA BHAVAN, POTTAYIL, IRUMBIL DESOM, NEYYATTINKARA. BY ADV. SRI.R.T.PRADEEP RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 4851 of 2010 ------------------------------------ Dated this the 16th day of August, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 366(A) and 376 read with Section 34 of the Indian Penal Code. According to prosecution, de facto complainant's daughter was kidnapped by petitioner along with two other persons on 12.07.2010. Prior to the said date, she was also subjected to rape by the petitioner. 3. Learned counsel for petitioner submitted that petitioner is the first accused in the crime and he was in love with the de facto complainant's daughter, who is aged 17 years. Because of the petitioner's affair with the alleged victim, she was iltreated by her father. She was also physically assaulted by him. Hence, as informed by her, petitioner along with his mother and sister in law had gone to the alleged victim's school and rescued her from further assault. She was taken to the petitioner's relatives house. She was given shelter there. Petitioner intends to marry the alleged victim. Petitioner is in custody for the past 27 days. His arrest was effected on 21.07.2010, on a complaint given by the alleged victim's father. This is the second application for bail. B.A. No. 4851 / 2010 2 4. Learned Public Prosecutor submitted that considering the stage of investigation, he has no objection in granting bail on conditions. It is also submitted that co-accused are petitioner's mother and sister-in-law. 5. On hearing both sides, considering the various facts and circumstances, I am satisfied that bail can be granted to petitioner on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) 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 Sunday, between 4 P.M. and 7 P.M. ii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln