IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5634 of 2009() --------------------------------------- CRIME NO.389/09 OF POLICE STATION, PEERMADE. ........ PETITIONER (S)/ACCUSED -------------------------------------- SIVA, S/O.KUMAR, PALLI WARD LAYAM, GLENMERY ESTATE, GLENMERY KARA, ELAPPARA VILLAGE. BY ADV. MR.T.A.UNNIKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5634 of 2009 ------------------------------------ Dated this the 14th 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 the accused in Crime No. 389/2009 of Peermade Police Station, Idukki. 2. The offences alleged against the petitioner are under Sections 366A and 376 of the Indian Penal Code. 3. The prosecution case is that on 10/9/2009, the petitioner induced the victim aged 16 years and took her to Madurai. It is stated on 13/9/2009, the victim appeared before the police. The petitioner surrendered before the investigating officer on 15/9/2009 and he was remanded to judicial custody. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/-with two solvent sureties each for the like B.A. No. 5634 /2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class-I, Peermade 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 scm