IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Bail Appl..No. 545 of 2010 CRIME NO.714 OF 2009 OF KOYILANDI POLICE STATION, KOZHIKODE PETITIONERS/IST ACCUSED ------------------------------------------- ANAS,S/O.AZEEZ,THAYULLATHIL HOUSE, NADERI.PO,ARIKKULAM,KAVUMVATTOM DESOM, KOILANDI TALUK. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL SRI.K.NOORUDHEEN SRI.T.P.SAEED RESPONDENT: COMPLAINANT -------------------------- SHO,KOILANDI,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 545 OF 2010 ------------------------------------------------------ Dated this the 4th 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.1 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 petitioner 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 had sexual contact with the girl. On 6.12.2009, the girl was brought back to Koyilandi and she was left near the police station. 4. The petitioner surrendered before Court on 18.1.2010 and he was remanded to judicial custody. His application for bail was B.A. NO.545 OF 2010 :: 2 :: dismissed by the learned Magistrate by the order dated 19.1.2010. 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 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 enter into the limits of Koyilandi Police Station for a period of two months except for complying with conditions (a) and (b); 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; B.A. NO.545 OF 2010 :: 3 :: 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 ahz/