IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2210 of 2009() ------------------------------------------ (CRIME NO.110/2009 OF PAYYOLI POLICE STATION) APPLICANT (S): 1ST ACCUSED: ------------------------------------------------ NAJUMUDHEEN N.K., S/O. EBRAHIM, VALIYA VALAPPIL HOUSE, THAZHE ANGADI, VATAKARA. BY ADV. MR.MVS.NAMBOOTHIRY RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. NOBLE MATHEW THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/05/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 2210 OF 2009 ```````````````````````````````````````````````````` Dated this the 12th day of May, 2009 O R D E R This is a petition for regular bail filed by the 1st accused in Crime No.110/2009 of Payyoli Police Station alleging commission of offence punishable under sections 366 and 376 read with section 34 IPC. The petitioner was taken into custody on 19.3.2009 and since then he has been under judicial custody. The case of the prosecution is that on 18.3.2009, the daughter of one Abdul Rehman was found missing and the enquiry revealed that the 1st accused gave a lift on the pillion of the motor cycle bearing registration No.KL.56A/1545. Subsequently, the girl was taken into custody on 21.3.2009 from Vadakara railway station. When produced before the Judicial First Class Magistrate, Payyoli, she gave Annexure-II statement to the effect that she went to Mangalore along with one Kunji Moosa and she stayed in a lodge on her free will. The 1st accused was taken into custody on 19.3.2009 whilst the 2nd accused is yet to be taken into custody. On that sole reason, the prosecution now opposes the enlargement of bail of the 1st accused. BA.2210/09 : 2 : 2. Considering the totality of circumstances and the nature of allegations levelled against the 1st accused, I think he can be enlarged on bail considering the fact that he has been under judicial custody since 19.3.2009 and that there is no specific allegation, as of now, against him under section 376 IPC. 3. Therefore, the bail application is allowed on the following conditions: i) The petitioner shall be enlarged on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) on or after 15.5.2009 with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate, Payyoli. ii) To ensure his presence for trial, the petitioner shall report before the investigating officer in the above case on all Mondays and Fridays between 10 a.m. and 11 a.m. iii) The petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. (C.T. RAVIKUMAR, JUDGE) aks