IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1786 of 2008() ----------------------------- CMP.544/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO.230 OF 2008 OF KOTHAMANGALAM POLICE STATION .................... : PETITIONER-ACCUSED NO.2 ---------------------------------------- JAYASH, AGED 23 YEARS, S/O.KUMARAN, THATTUPARAMBIL HOUSE, NEAR TEMPLE, EDANADU KARA, ERAMALLOOR VILLAGE. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT ------------------------ 1. STATION HOUSE OFFICER, KOTHAMANGALAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. 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 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1786 of 2008 ------------------------------------- Dated this the 19th day of March, 2008 ORDER Application for regular bail. Petitioner is the 2nd accused. Altogether there 2 accused persons. The petitioner is a taxi driver. The 1st accused is a friend of his. The 1st accused was allegedly in love with a girl who was below the age of consent. The 1st accused is alleged to have induced and taken away the said minor girl from the keeping and custody of her father. The petitioner is alleged to have offered assistance to the 1st accused to facilitate the commission of the crime. The alleged incident took place on 01.03.08. The petitioner was arrested on 06.03.08. It is alleged that the victim was subjected to sexual intercourse by the 1st accused while she was with him after 01.03.08. The 1st accused has been arrested and the presence of the girl has been procured on 16.03.08. Investigation is in progress. The petitioner continues in custody from 06.03.08 onwards. 2. The learned P.P does not oppose the application. 3. I have considered all the relevant inputs. Admittedly the only allegation against the petitioner is that he facilitated the B.A.No.1786 of 2008 2 1st accused to go away from the locality with his fiancy - the victim aged below 16 years. In any view of the matter, I am satisfied that the petitioner who has remained in custody from 06.03.08 can now be granted regular bail subject to appropriate terms and conditions. 4. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute 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; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-