IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 5744 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPCR.375/2009 CRIME NO.271/2009 OF ARYANCODE POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/1ST ACCUSED: ------------------------------------------- ANESHMON @ VINOD, `ANESH BHAVAN' MEKONAM, 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. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5744 of 2009 ------------------------------------ Dated this the 6th day of November, 2009 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.1 in Crime No. 271/2009 of Aryancode Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 366-A of the Indian Penal Code. The prosecution case is that on 29.08.2009, the accused persons kidnapped Amalajyothi, daughter of the defacto complainant out of the lawful custody of the defacto complainant. Amalajyothi was a minor aged below 16 years. It is submitted by the learned Counsel for the petitioner that the defacto complainant had filed a Habeas Corpus Petition as W.P.(Crl.).No.375/2009 for production of Amalajyothi, the detenue. The petitioner herein is stated to be the 4th respondent in the Writ Petition. It is also stated that the 5th respondent in the Writ Petition is his mother. The Writ Petition was posted on several days and several orders were passed on 16.09.2009, 22.09.2009, 25.09.2009, 05.10.2009 and 09.10.2009. The girl B.A. No. 5744 of 2009 2 was allowed to stay in a hostel for quite some time. An order dated 12th October 2009 was passed in the Writ Petition. Para 6 to 10 therein read thus. “ 6. Today, when the case is called, we have this information that the girl is pregnant. The petitioner and his wife in these circumstances submit that they have no objection in this Court permitting their daughter the alleged detenue Amala Jyothi K.P. who has not attained majority to go along with respondents 4 and 5 and Chellan, the father of respondent No.4. Respondents 4 and 5 and the said Chellan agree and accept that they shall look after and take care of the alleged detenue, a minor child, who has not so far attained majority and who shall attain majority only on 26.08.2010. They submit before Court that they shall look after the alleged detenue, attend to all her needs, shall meet all expenses in connection with her treatment, delivery, etc. and shall ensure that she completes her educational course. They further accept and agree that they shall get the marriage between the 4th respondent and the alleged detenue solemnized and registered under the Special Marriage Act, immediately after she attains majority on 26.08.2010. They agree and undertake to produce the certificate of marriage before this Court, if the case is posted to a date after 26.08.2010. 7. The petitioner and his wife submit that in these circumstances they do not want to seek any further relief in this Writ Petition. They do not want to take the alleged detenue with them. They do not want her to be accommodated in any hostel till she attains B.A. No. 5744 of 2009 3 majority. They said that their daughter the alleged detenue Amala Jyoth K.P. may now be permitted to go along with the 4th respondent and his parents as desired by her. Appropriate safeguards may be provided, it is prayed. 8. The 4th respondent admits that he is responsible for the pregnancy of the alleged detenue Amala Jyothi. He accepts that the needful shall be done by him in respect of her accommodation, health, delivery, education, etc. We make record of that submission. 9. Both counsel pray that the Writ Petition may not now be dismissed; but, it may be posted to a date after 26.09.2010, so that the parties shall be able to produce the certificate to confirm the marriage of the alleged detenue and the 4th respondent. That request is accepted. We are satisfied that no further directions need be issued now. 10. Call this petition again on 08.10.2010. As agreed by them, the alleged detenue, the 4th respondent and his parents shall appear before this Court on that day and shall produce the marriage certificate to confirm the marriage of the 4th respondent with the alleged detenue. The medical document issued by the Lourde Hospital, Ernakulam to indicate the pregnancy and the birth certificate to show the date of birth of the alleged detenue are returned to the parties concerned.” 3. In the peculiar facts and circumstances of the case, I am inclined to grant Anticipatory Bail to the petitioner. There will be a direction that in the event of the arrest of the B.A. No. 5744 of 2009 4 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 report before the investigating officer between 9 A.M and 11 A.M. on alternate 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. 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 to the extent indicated above. K.T. SANKARAN JUDGE kkms