IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6505 of 2009 CRIME NO.539 OF 2009 OF KILIMANOOR POLICE STATION PETITIONER/ACCUSED: --------------------------------------- JIYARUL HUSSAIN @ ARUN, S/O.SAFIJUDEN MUHAMMAD, JAGALBODH, VILLAGE NO.17, UTTARDARI BOSH, HELDIBARI POLICE, WEST BENGAL, NOW WORKING AT SREE LEKSHMI CASHEW FACTORY, DECENT MUKKU, KALLAMBALAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER RESPONDENT: --------------- THE CIRCLE INSPECTOR OF POLICE, KILIMANOOR, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6505 OF 2009 ------------------------------------------------------ Dated this the 9th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.539 of 2009 of Kilimanoor Police Station. 2. The offences alleged against the petitioner are under Sections 363, 366A and 376 of the Indian Penal Code. 3. The prosecution case is that on 13.9.2009, the victim girl aged about 13 years, was kidnapped by the accused from the lawful custody of her parents, took her to West Bengal and they came back to Kerala only on 26.9.2009. They were arrested on 26.9.2009. The petitioner was remanded to judicial custody and he continues to be in judicial custody. It is stated that the victim as well as the accused were working in a cashew factory at Kollam and some sort of intimacy was developed between them. B.A. NO.6505 OF 2009 :: 2 :: 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties belonging to Kerala and who own immovable properties in the State of Kerala, for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Attingal, 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; 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 sureties shall produce the title deeds in respect of their B.A. NO.6505 OF 2009 :: 3 :: properties, for perusal by the learned Magistrate. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/