IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 4129 of 2009 CRIME NO.220 OF 2009 OF MUNDAKAYAM POLICE STATION PETITIONERS: ACCUSED NOS.1,2,4,5 --------------------------------------- 1. JAYAPRAKASH @ JAYAN, AGED 32 YEARS, S/O.KOCHUNANU, PUTHUPARAMBIL HOUSE, NEAR POST OFFICE, KARINILAM KARA, ERUMELY NORTH VILLAGE,. 2. TOM K.JOSEPH @ TOM, AGED 23 YEARS, S/O.JOSEPH, KANDATHIL HOUSE, CHETHIMATTAM BHAGOM, KIZHATHADIYOOR KARA, LALAM VILLAGE. 3. SANOJ @ SANOPPY, AGED 26 YEARS, S/O.LOUIS, PARAPPURATHY HOUSE, THANNICHAPPATHALTOP BHAGOM, PULICKUNNU KARA, ERUMELY NORTH VILLAGE. 4. PRAVEEN, AGED 26 YEARS, S/O.BABU, OLICKAL HOUSE, THALUNKAL ESTATE, BHAGOM, KOOTTICKAL VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REP.BY THE S.I.OF POLICE, MUNDAKKAYAM POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4129 OF 2009 ------------------------------------------------------ Dated this the 11th August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2, 4 and 5 in Crime No.220 of 2009 of Mundakayam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 326, 452, 365 and 308 read with Section 149 of the Indian Penal Code. 3. One Anuja Roseline, who is an Australian citizen and whose mother is also an Australian citizen, came to India and started residence at Pampady in Kottayam District. Anuja Roseline's mother belongs to Pampady and she subsequently acquired citizenship of Australia. Anuja Roseline fell in love with her car driver Baiju, aged 36, and started residing with him. They entered into an agreement, which was registered before the Sub Registrar's Office. In the agreement itself it is stated that the marriage as per that agreement is invalid and that both of them know that it is invalid. B.A. NO. 4129 OF 2009 :: 2 :: 4. It would appear that Anuja Roseline's mother approached the police stating that her daughter was missing. Anuja Roseline was produced by the police before the Magistrate's Court. She stated before the learned Magistrate that she would like to go with Baiju. Learned Magistrate permitted Anuja Roseline to go with Baiju. 5. The prosecution case is that thereafter, the mother of Anuja Roseline, the 10th accused in this case, hired accused Nos.1 to 9, who are professional goondas, to get Anuja Roseline from the custody of Baiju. Accordingly the operation was done on 21.5.2009 and Anuja Roseline was abducted by them. Later, Anuja Roseline was taken to Australia by her mother. 6. Accused Nos.4 and 5 were arrested on 30.5.2009. Accused Nos.1 and 2 surrendered before the police on 2.6.2009. They are in judicial custody. 7. It is submitted by the learned counsel for the petitioners that subsequently Anuja Roseline came to India. She started residence with the car driver Baiju. It is also stated that the Habeas Corpus B.A. NO. 4129 OF 2009 :: 3 :: Petition pending before the High Court was closed on the statement made by Anuja Roseline. 8. It is submitted by the learned Public Prosecutor that the test identification parade was over. The investigation has progressed much and it is at the final stage. 9. 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 investigation, I am of the view that bail can be granted to the petitioners. 10. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class- II, Kanjirappally, subject to the following conditions: a) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; B.A. NO. 4129 OF 2009 :: 4 :: c) The petitioners shall not enter into the limits of Mundakayam Police Station for a period of two months except for complying with conditions (a) and (b); d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 ahz/