IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1762 of 2010() ----------------------------- CRIME NO.270/2010 OF KODUNGALLUR POLICE STATION .................... PETITIONER (S): ACCUSED NO.1: --------------------------------- VISHNU, AGED 19 YEARS, S/O.DINESAN, THALIAZHACHA VEETIL, AARATTUVAZHI, ERIYADU, TRICHUR DISTRICT. BY ADV. SRI.V.JOHN SEBASTIAN RALPH RESPONDENT(S): COMPLAINANT: ------------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KODUNGALLORE P.S., REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1762 of 2010 --------------------------------------------- Dated this the 22nd day of March, 2010 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. 270/2010 of Kodungallur Police Station. 2. The offence alleged against the petitioner is under Section 366-A read with Section 34 of the Indian Penal Code. 3. The victim girl is aged below 15 years. She is a student. The prosecution case is that on 03.03.2010, accused Nos. 1, 3 and 5 took the girl in a Tavera car after the girl attended her examinations. At Chalakudy, accused Nos. 3 and 4 joined the team of accused Nos. 1, 3 and 5. Accused No.2, who was in the team, got down at Chalakudy. While the accused persons and the girl were proceeding in the car through Chalakudy-Valpara route, they were intercepted by the police at a check post. On questioning, the girl disclosed the true facts. It is stated that the girl was in love with accused No.1. 4. The petitioner was arrested on 04.03.2010 and he was BA No.1762/2010 2 remanded to judicial custody. It is stated that accused No.5 is the driver of the car and accused Nos. 1, 3 and 4 are students. 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kodungallur subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Sundays and Thursdays for two months and thereafter on every Sunday, 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. BA No.1762/2010 3 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