IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 655 of 2010() -------------------------------- CMP.299/2010 of J.M.F.C.-I,KOYILANDY CRIME NO. 714/2009 OF KOYILANDY POLICE STATION .................... PETITIONER/3RD ACCUSED : -------------------------------- MUNEER.M.V., S/O. HAMZA, AGED 23 YEARS, RESIDING AT MARANVEETTIL HOUSE, NADERI P.O., KOYILANDY, KOZHIKODE DISTRICT. BY ADVS. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT/COMPLAINANT : ----------------------------------- STATE OF KERALA, REPRESENTED BY SHO, KOYILANDY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A. NO. 655 OF 2010 ------------------------------------ Dated this the 9th day of February, 2010 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.3 in Crime No.714 of 2009 of Koyilandi Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 366A read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 4.12.2009, the first accused induced the daughter of the de facto complainant, a minor girl, to go away with the petitioner. The girl was taken to Vadakara and Mahe. The allegation is that the petitioner took them in an autorickshaw. On 6.12.2009, the girl was brought back to Koyilandi and she was left near the police station. 4. The petitioner was arrested on 17.1.2010 and he was remanded to judicial custody. His application for bail was dismissed by the learned Magistrate by the order dated 27.1.2010. The investigation has progressed thereafter. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. NO. 655 OF 2010 2 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. 6. 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, Koyilandi, 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) 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