IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 332 of 2010() ---------------------------- CRIME NO.767/2009 OF KOLLAM WEST POLICE STATION PETITIONER/ACCUSED -------------------------------------- VIPIN @ ANU, S/O.ASHOKAN, AGED 19 YEARS KALLUMPURATHUVEEDU, NEAR ELLUVILA JUNCTION, NALLILA, NEDUMPANAN VILLAGE, KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT(S): STATE -------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.332 of 2010 --------------------------------------------- Dated this the 25th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.767 of 2009 of Kollam West Police Station. 2. The offence alleged against the petitioner is under Section 366 of the Indian Penal Code. 3. The prosecution case is that on 27.12.2009, the accused kidnapped a minor girl, aged 16 years and took her to his relative's house. They stayed in that house till 30.12.2009. It is also alleged that the petitioner had sexual contact with her. The petitioner is in judicial custody since 30.12.2009. 4. I have perused the case diary. 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. BA No.332/2010 2 The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kollam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays and Thursdays for a period of two months and thereafter on all Sundays, 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 csl