IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 1728 of 2010() ----------------------------- CRIME NO.46/2010 OF VEEYAPURAM POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED: ------------------------------------- SHYAMKUMAR @ SYAM ,S/O.GOPALAKRISHNAN KOTHAKULATHIL VEEDU, KARICHAL MURI,VEEYAPURAM BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REP BY SUB ISNEPCTOR OF POLICE, VEEYAPURAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1728 of 2010 ------------------------------------ Dated this the 26th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.46/2010 of Veeyapuram Police Station, Alappuzha. 2. The offence alleged against the petitioner is under Section 366 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 22/2/2010, the daughter of the de facto complainant was found missing. The girl was found out on 25/02/2010 along with accused No.1. They were residing in a rented house. The girl stated before the police that she was in love with the first accused and she had gone with him on her volition. The allegation against the second accused is that he was driving the car, in which, the girl was taken by the first accused. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the B.A. No. 1728/2010 2 petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm