IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 Bail Appl..No. 3694 of 2008() ----------------------------- CRMP.1738/2008 of DISTRICT COURT, PALAKKAD CRIMENO.155/2008 OF CHALISSERY POLICE STATION petitioner/ACCSUED: -------------------------- NISHAD, S/O. YOUSAF, PUTHANPEEDIKAYIL HOUSE,PALLIPADY, KARUKAMPUTHUR, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE CHALISSERY POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------ Bail Appl.No. 3694 of 2008 ------------------------------------------ Dated this the 12th day of June, 2008. ORDER Petition for bail. 2. The petitioner was arrested and remanded to judicial custody on 22.5.2008 on the allegation that he committed offence under Sections 450, 366 and 376 of IPC. Learned counsel for the petitioner submitted that the alleged victim and the petitioner were in love and at the instance and persuasion of the alleged victim they had gone to Tamil Nadu. A complaint was given by her father under the caption 'woman missing' and a case was registered against the petitioner. The police arrested the petitioner but did not produce the victim before the Magistrate Court. According to the petitioner, if the victim is questioned, she will definitely give a true version regarding the incident and it will reveal that no offence is committed by him. The petitioner is aged 21 years and the girl is aged 17 years. 3. Learned Public Prosecutor submitted that it is true that the girl was not produced before the Magistrate but she was released to the custody of the guardian. It is also submitted that steps are taken for recording the statement of the victim under Section 164 of Cr.P.C. [B.A.3694/08] 2 4. On hearing both sides, I find that bail can be granted to the petitioner on condition. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (2) Petitioner shall report before the investigating officer officer on every Monday between 10 A.M. and 1 P.M. until further orders. (3) Petitioner shall not influence or intimidate any witnesses and in case of breach of this condition, bail is liable to be cancelled. K. HEMA, JUDGE. Krs. [B.A.3694/08] 3