IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 Bail Appl..No. 5040 of 2010() ----------------------------- CRIME NO.331/10 OF MUKKOM POLICE STATION, KOZHIKODE. (S): PETITIONER/ACCUSED: --------------------------------------- ABU THAHIR, S/O.AHAMMED KUTTY, KKOLOTHUMTHODIKA, KULIRAMUTTY POST, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.5040 of 2010 ---------------------------------------------- Dated 20th August, 2010. O R D E R This petition is for bail. 2. The alleged offence is under Section 366 of the Indian Penal Code. According to prosecution, petitioner, who is aged 18 years, kidnapped a girl aged 16 years on 22.7.2010 at about 6.15 a.m. 3. Petitioner was arrested on 28.7.2010. He is in custody for the past 25 days. Learned counsel for petitioner submitted that petitioner and defacto complainant were in love with each other for some time. She had got into the autorikshaw and wanted her to be dropped at her tuition class but on the way, they decided to proceed to a park. While they were sitting in the park and talking, some people of the locality noticed the same and the matter was informed to the defacto complainant's parents. 4. Petitioner immediately took her in the autorikshaw and dropped her at the tuition class. But, the defacto complainant's father insisted for paying huge amount of compensation to the girl. Petitioner was prepared to marry defacto complainant, but a complaint was caused to be lodged by BA NO. 5040/10 2 defacto complainant, since petitioner and his family members were not prepared to pay compensation. The petitioner's further custody is not required for the purpose of investigation, it is submitted. 5. Learned Public Prosecutor submitted that the investigation is almost over and hence, he has no objection in granting bail to petitioner on conditions. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Wednesday and Sunday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs