IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 Bail Appl..No. 2415 of 2010(B) ------------------------------------------ (CRIME NO. 495/2010 OF KUNDARA POLICE STATION, KOLLAM DISTRICT) .................... APPLICANTS/ACCUSED NO.2: ------------------------------------------- AKHIL, AGED 25 YEARS, S/O. SOBHA, KOORAMPILLI VEEDU, POOMALA BHAGOM, ODAKKALIKARAYIL, ASHAMANNOOR VILLAGE. BY ADVS. SRI.P.VIJAYA BHANU, SRI.VIPIN NARAYAN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM. BY PUBLIC PROSECUTOR SRI. SURESH C.K. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/04/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - B.A.No. 2415 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of April, 2010 ORDER This is a bail application filed by the second accused in Crime No.495/2010 of Kundara Police Station under section 439 of Cr.P.C. 2. The allegation against the petitioner is that he along with first accused abducted the defacto complainant, a minor girl, aged 19, on March 24,2010 at about 12.15 p.m. in a car bearing Reg.No.KL41A.1517 with intent to commit rape on her and that thereby committed the offence punishable under Sections 363, 366(A) and 34 IPC and Section 3(1) (XI) of SC ST Act as the defacto complainant belongs to Scheduled cast. Petitioner was arrested on April 7, 2010. The Judicial Magistrate of First Class I, Kollam dismissed his bail application. 3. It is alleged in the petition that petitioner is innocent of the offence alleged against him, that he had no connection with the incident and that recently he has undergone a brain surgery and that therefore he may be released on bail. 4. Notice given to the learned Public Prosecutor. This petition is B.A.No.2415/2010 2 opposed by the learned Public Prosecutor. 5. Heard learned counsel for the petitioner and the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. Counsel for the petitioner produced the copy of the FI statement wherein the defacto complainant has made no allegation against the petitioner. He was only driving the car for some time. Further he is in remand from 07/04/2010 onwards. Counsel for the petitioner produced records to show that he has undergone brain surgery recently. The Public Prosecutor submitted that the investigation in this case is almost over. Therefore, I feel that petitioner can be released on bail, but subject to conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer as and when required. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the B.A.No.2415/2010 3 investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the limits of the jurisdiction of the lower court without prior permission. 5) If petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q.BARKATH ALI JUDGE sv. B.A.No.2415/2010 4