IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 6941 of 2009() ----------------------------------- CRIME NO. 1865/2009 OF KOTTARAKARA POLICE STATION ..................... PETITIONER/ACCUSED: ------------------------------------- SUMESH @ SOFIN, S/O.SOMAN, AGED 21 YEARS, S.S.BHAVAN, KOTTATHALA, MYLOM VILLAGE, KOTTARAKARA TALUK. BY ADV. SRI.SYAM J SAM RESPONDENT: ------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6941 of 2009 ------------------------------------ Dated this the 1st day of December, 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.1865/2009 of Kottarakara Police Station. 2. The offences alleged against the petitioner are under Sections 363 and 366 of the Indian Penal Code. 3. The prosecution case is that on 14/11/2009, the accused kidnapped a minor girl aged about 17 years. The petitioner was arrested on 15/11/2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner and the girl are distant relatives and that they were in love for the last four years. 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. B.A. No. 6941 /2009 2 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakara 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, 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 as above. K.T. SANKARAN, JUDGE scm