IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA SATURDAY, THE 19TH JUNE 2010 / 29TH JYAISTHA 1932 Bail Appl..No. 5036 of 2010() ----------------------------- CMP.6240/2010 of J.M.F.C., KODUNGALLUR .................... (CRIME NO.270/2010 OF KODUNGALLUR POLICE STATION) PETITIONER/2ND ACCUSED ------------------------------- SHIRAS, S/O.RASACK, AGED 21, KOTHEZHATHPARAMBIL HOUSE, P.O.ERIYAD, KODUNGALLUR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): COMPLAINANT -------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SI OF POLICE, KODUNGALLUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON 19/06/2010 PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No.5036 of 2010 ------------------------------------ Dated this the 19th day of August, 2010 O R D E R This petition is for bail. 2. The alleged offence is under Section 366 A read with Section 34 of I.P.C. According to prosecution, on 03/03/2010, at about 9 A.M, de facto complainant's daughter was kidnapped from school by accused numbers 1 to 5. 3. Learned counsel for petitioner submitted that first accused was in love with de facto complainant's daughter admittedly and they decided to elope. The only allegation against petitioner (A2) is that he arranged a vehicle. He had also got down from the vehicle on the way. The alleged victim has no case that petitioner or any other person committed any sexual assault on de facto complainant's daughter. Petitioner, on knowing that he is implicated in this case surrendered before court on 11/08/2010 and he is in custody for the past 8 days. It is also submitted that co-accused including first accused were granted bail by this court. Petitioner is aged 21 years. 4. Learned Public Prosecutor submitted that stringent conditions may be imposed while granting bail to petitioner. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: B.A. No.5036 of 2010 2 Petitioner shall be released on bail on his executing a bond for Rs.25,000/- 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 and Thursday between 10 A.M. and 1 P.M. ii) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE vdv