IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Bail Appl..No. 6066 of 2011() ----------------------------- CRIME NO.251/11 OF PUTHENCRUZ POLICE STATION PETITIONER/ACCUSED NO.1 ---------------------------------- SAJEEVAN, AGED 40 YEARS, S/O.PRABHAKARAN, THATTAMVEEDU, PERUMBALAM KARA, PERUMBALAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.BIMAL PRASAD RESPONDENT(S): --------------- STATE OF KERALA, REP.BY S.I.OF POLICE, REP.BY GOVT.PLEADER, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.JAYASOORYA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6066 of 2011 --------------------------- Dated this the 29th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.251 of 2011 of Puthencruz Police Station. 2. The offences alleged against the petitioner are under Sections 406 and 420 of the Indian Penal Code. 3. The prosecution case is that the accused enticed a young woman, who is the daughter of the elder brother of the de facto complainant, promised to marry her and took money from her. It is alleged that the petitioner stated that the marriage will be registered at the Sub Registry Office on 1.6.2011. The relatives of the girl wanted to solemnise the marriage at the temple. The petitioner came to the Registrar's office. The niece of the de facto complainant and her husband came to the Registrar's office and at that time, the petitioner BA 6066/2011 2 wanted to escape. The niece of the de facto complainant disclosed that the petitioner is a married man. The people of the locality caught hold of the petitioner. The crime was accordingly registered. 4. The petitioner was arrested on 29.6.2011 and he was remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for ` 50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kolencherry, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; BA 6066/2011 3 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 as above. K.T.SANKARAN JUDGE csl