IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1165 of 2010() ----------------------------- CRIME NO.45/2010 OF THIRUVALLAM POLICE STATION .................... PETITIONER/2ND ACCUSED ------------------------------------------ VINIL KUMAR, S/O. VIJAYAN, AGED 26, VADAKKAL THADATHARUKATHU VEEDU, ERAVOOR, ARAYANADU P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, THIRUVALLAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1165 of 2010 --------------------------------------------- Dated this the 7th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.45 of 2010 of Thiruvallam Police Station. 2. The offence alleged against the petitioner is under Section 366A of the Indian Penal Code. 3. The prosecution case is that on 21.1.2010, the daughter of the de facto complainant, aged 16 years, was found missing. The girl and the first accused were arrested from Punalur on 22.1.2010. The girl was sent back with her parents. It is stated that the first accused fell in love with the daughter of the de facto complainant. The victim had also made such a statement to the police. 4. As per the order dated 8.2.2010, regular bail was granted to accused No.1 in Bail Application No.566 of 2010. 5. It is submitted that the allegation against the petitioner is that he took the victim on a motor bike to facilitate the meeting of the first accused and the girl. 6. Taking into account the facts and circumstances of the BA No.1165/2010 2 case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays for a period of two months; 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 to the extent indicated above. K.T.SANKARAN, JUDGE csl