IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10511 of 2011() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN BA.8281/2011 Dated 09/11/2011 CMP.5902/2011 of J.M.F.C., HARIPAD CRIME NO.584 OF 2011 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA DT. .................... PETITIONER: -------------------- SREEKANTH R NAIR S/O.RAMAN NAIR, AGED 21 YEARS, VETTATHU KOYICKAL HOUSE, MATTAM NORTH MURI KANNAKANGALAM VILLAGE, ALAPPUZHA. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10511 OF 2011 --------------------------------- Dated this the 22nd day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is accused No.1 in Crime No.584 of 2011 of Kareelakulangara Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Sections 363 and 366 of the Indian Penal Code. 3. The prosecution case is that the petitioner kidnapped a minor girl from the custody of her parents. The minor girl became pregnant. A case was originally registered under Section 57(1) of the Kerala Police Act and later offence under Sections 363 and 366 were included. B.A.No. 10511 OF 2011 2 4. The learned counsel for the petitioner submitted that a civil suit and a Habeas Corpus petition filed by the father of the petitioner are pending. It is also submitted that the girl stated before the learned Magistrate that she went with the petitioner on her own volition. 5. B.A.No.8281 of 2011 filed by the petitioner for anticipatory bail was dismissed by the order dated 9th November, 2011. The petitioner was arrested on 28.11.2011 and he was remanded to judicial custody. 6. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 7.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 with effect from 29.12.2011. B.A.No. 10511 OF 2011 3 8.The petitioner shall be released on bail only on 29.12.2011 on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad, 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No. 10511 OF 2011 4 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms