IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 932 of 2010() ------------------------------------- CRIME NO.849/2009 OF VIZHINJAM POLICE STATION. .................... PETITIONER/ ACCUSED ---------------------- ABDUL SALAM @ ANZARI S/O.LATHEEF, BISMI MANZIL,NEAR MALAYANTHERI MOSQUE PARANDODO DESOM,ARYANADU VILLAGE. BY ADV. MR.R.GOPAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 2. SUB INSPECTOR OF POLICE VIZHINJAM POLICE STATION. PUBLIC PROSECUTOR MR.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 932 of 2010 ------------------------------------ Dated this the 18th day of February, 2010 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. 849/2009 of Vizhinjam Police Station. 2. The offences alleged against the petitioner are under Sections 493, 494 and 366 of the Indian Penal Code. 3. The petitioner was arrested on 30.12.2009 and he was remanded to judicial custody. 4. On 23.11.2009, a petition was filed by the mother of the victim girl aged about 20 years stating that her daughter was found missing from 11.11.2009. The investigation reveals that the petitioner is a married man having three children. He had, acquaintance with the girl and her mother. The petitioner had gone with the girl to various places in Tamil Nadu. It would also appear that the petitioner married the victim girl. The petitioner had sexual intercourse with her. 5. I have gone through the Case Diary. 6. Taking into account the facts and circumstances of the B.A. No. 932 of 2010 2 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara 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 ln