IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6939 of 2009() ------------------------------------ CRIME NO. 2316/2009 OF ANGAMALY POLICE STATION ...................... PETITIONER/IST ACCUSED: --------------------------------------- RAKESH, AGED 25, S/O. LATE RAJU, ANTHAPILLY HOUSE, EDAKKUNNU KARA, KARUKUTTY VILLAGE. BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENT/COMPLAINANT: ------------------------------------------- S.I OF POLICE, ANGAMALY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.6939 of 2009 ------------------------------------ Dated this the 26th day of November, 2009 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. 2316/2009 of Angamaly Police Station. 2. The offences alleged against the petitioner are under Sections 363 and 365 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 04.11.2009. The petitioner was arrested on 06.11.2009. The girl who was allegedly kidnapped is aged about 17 years. 4. The learned counsel for the petitioner submitted that the girl as well as the petitioner are neighbours and that they were in love with each other. 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. B.A. No.6939 of 2009 2 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Aluva 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 enter into the limits of Angamaly Police Station for a period of one month. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 ln