IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Bail Appl..No. 1958 of 2008() ----------------------------- CRIME NO. 145/08 OF HARIPAD POLICE STATION PETITIONER : ACCUSED ------------------------ AJAY. V., KALAPPURACKAL KIZHAKKATHIL KARUVATTA P.O., KARUVATTA. BY ADV. SRI.S.M.ALTHAF RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1958 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March, 2008 O R D E R Application for anticipatory bail. The petitioner, a person aged 22 years, faces allegations that he had kidnapped a minor girl, born on 25.12.1990, on 17.3.2008. Investigation is in progress. The petitioner apprehends imminent arrest. The learned counsel for the petitioner submits that the allegation of kidnapping etc. are not justified at all. The petitioner and the girl have got legally married. They are residing together as husband and wife. The girl is really aged about 18 years. An allegation is raised that she is below the age of 18 years. The petitioner and the girl having got married the petitioner may be saved of the undeserved trauma of arrest and detention. He shall abide by any reasonable condition which may be imposed by this Court, submits the learned counsel. 2. The learned Prosecutor submits that in the peculiar facts and circumstances of this case the State does not want to oppose B.A.No. 1958 of 2008 2 the application. Appropriate conditions may be imposed to facilitate a proper investigation. 3. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 7.4.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 8.4.2008 and 9.4.2008 and thereafter all Mondays between 10 a.m. and 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. B.A.No. 1958 of 2008 3 (d) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 7.4.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (e) If the petitioner were arrested prior to his surrender on 7.4.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 7.4.2008. (R. BASANT) Judge tm