IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6553 of 2009() ------------------------------------ CRIME NO. 587/2009 OF PARAVOOR POLICE STATION ....................... PETITIONERS/ACCUSED 1 AND 2 : ---------------------------------------------- 1. ANAS, S/O. ARSHAD, KONTHA CHARAZHIKAM VEEDU, NEAR SCHOOL GROUND, THEKKUMBHAGAM CHERRY, KOTTAPPURAM VILLAGE, KOLLAM DISTRICT. 2. SHEMEER @ PODIKA, S/O. FAROOK, VADAKKANAZHIKAM VEEDU, NEAR SCHOOL GROUND, THEKKUMBHAGAM CHERRY, KOTTAPPURAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6553 of 2009 ------------------------------------ Dated this the 9th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No. 587/2009 of Paravoor Police Station. 2. The offence alleged against the petitioners is under Section 366 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the defacto complainant's daughter was kidnapped by the accused persons on 13.10.2009. The petitioners were arrested on 15.10.2009 and they are in judicial custody since then. 4. It is submitted by the learned counsel for the petitioners that the first petitioner was in love with the daughter of the defacto complainant. Annexure A2 series letters and Annexure A3 statement given by the defacto complainant's daughter before the police are relied on in support of this contention. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of B.A. No. 6553 of 2009 2 investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing a bond for Rs. 15,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Paravoor subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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