IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 Bail Appl..No. 4857 of 2010() ----------------------------- (CRIME NO.207/2010 OF KARIMANNOOR POLICE STATION, IDUKKI DISTRICT) PETITIONER/ACCUSED -------------------------------- ANOOP, AGED 26 YEARS, S/O.KESAVAN NAIR, NADUKUDIYIL HOUSE, DEVARUPARA BHAGAM, POOCHAPRA KARA, VELLIYAMATTOM VILLAGE, IDUKKI - 685 588. BY ADV. SRI.S.RAJEEV RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.207/2010 OF KARIMANNOOR POLICE STATION, IDUKKI). BY PUBLIC PROSECUTOR SRI. V.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.4857 OF 2010 ----------------------------------- Dated this the 17th day of August, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is u/s.366(A), 342 r/w 34 IPC. According to prosecution, the petitioner induced a minor girl aged 16 years to go from her house to his house for the purpose of marrying etc. on 11.7.2010. 3. Learned counsel for petitioner submitted that no kidnapping or inducement as alleged by prosecution has taken place in this case. The alleged victim and the petitioner are in love with each other and petitioner's parents are also willing to accept the girl. Petitioner has not done anything to procure the girl, but she left her house, when she was compelled by mother and other relatives to marry another person against her will and wish. The alleged victim actually took shelter in petitioner's house. There is no illegal detention and confinement. 4. Habeas-corpus petition was filled by mother of the alleged victim and a Division Bench of this court had occasion to B.A. No.4857/10 2 interact with the alleged victim, petitioner and their relatives. The order in the Habeas- corpus petition is annexure-III. According to petitioner, it will be clear from the order that no illegal detention or any kidnapping is involved in this case. It is stated in the order that she had taken shelter in the house of the petitioner. It is also submitted that petitioner is prepared to marry the defacto complainant after she attains age of 18 years. 4. Learned public prosecutor submitted that the alleged victim had stated to the doctor that she has gone to petitioner's house on her own accord. In the light of crucial observations made in annexure-III, order also this petition is not opposed. 5. On hearing both sides, and on considering he facts discussed above, I am satisfied that anticipatory bail can be granted to petitioner. Hence the following order is passed: 1) Petitioners shall, in the event of arrest, be released on bail, on his executing a bond for Rs.10,000/- with two solvent securities each for the like amount to the satisfaction of arresting officer on the following conditions: i) Petitioners shall report before the investigating officer as and when directed and co-operate with investigation. 2) This order will be in force only for a period of 30 B.A. No.4857/10 3 days. In the meantime, petitioner shall seek regular bail from court concerned. This petition is allowed. K. HEMA, JUDGE. Sou.