IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Bail Appl..No. 6051 of 2009() ------------------------------------ CRIME NO.627/2009 OF VALAPATTANAM POLICE STATION, KANNUR .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- MUHAMMED YASEEL, AGED 24,S/O.SHADULI,MATOOL AMSOM,DESOM, KANNUR DISTRICT. BY ADV. SRI.PRAMOD KOCHUTHOMMEN.E. RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------ 1. CIRCLE INSPECTOR OF POLICE, VALAPATTANAM,KANNUR. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6051 of 2009 ------------------------------------ Dated this the 22nd day of October, 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. 627/2009 of Valapattanam Police Station, Kannur. 2. The offences alleged against the petitioner are under Sections 361, 366 A and 376 of the Indian Penal Code. 3. The victim girl was minor at the relevant time. She was found missing from her house. The mother of the victim informed the police. A case of “Woman missing” was registered. Later, a complaint was filed by the mother of the victim before the Magistrate's court, which was forwarded to the police for investigation. 4. The prosecution case is that the first accused took the girl to Bombay and stayed there for about two months in a flat. They had also stayed in Mysore and Bangalore. Later, they came to Mahe and at that time, the petitioner was arrested by the police. 5. The learned Public Prosecutor submitted that the B.A.6051/2009 2 defacto complainant and the victim are not fully cooperating with the Investigating Agency and great difficulty is caused for the smooth investigation of the case. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kannur 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, Wednesdays and Saturdays for a period of two months and thereafter on every Monday, 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 leave the limits of Valapattanam Police station without getting prior permission in writing from B.A.6051/2009 3 the Station House Officer, Valapattanam Police Station, until further orders. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall surrender his Passport, if any, before the Judicial Magistrate of the First Class-II, Kannur. If the petitioner is not in possession of a Passport, an affidavit to that effect shall be filed before the learned Magistrate. 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 scm