IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 8787 of 2011 CRIME NO.932 OF 2011 OF MATTANNOOR POLICE STATION, KANNUR. PETITIONERS/ACCUSED NOS.1 AND 2: --------------------------------------- 1. SREEJITH KUMAR M.P., S/O.RAGHAVAN M.P., MAVULLI PURATHOOT, SREEJITH NIVAS, MELUR, KOYILANDY P.O., KOZHIKODE. 2. MANOHARAN, S/O.P.KRISHNAN, KANIYANTEVALAPPIL, KANJIRODE AMSOM DESOM, KANNUR TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. SUB INSPECTOR OF POLICE, MATTANNOOR POLICE STATION, KANNUR-670702. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8787 OF 2011 ------------------------------------------------------ Dated this the 3rd day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.932 of 2011 of Mattannoor Police Station, Kannur District. 2. The offence alleged against the petitioners is under Section 363 of the Indian Penal Code. 3. The defacto complainant filed a petition before the police stating that his daughter was kidnapped by the accused. The daughter of the defacto complainant is aged 24 years. The learned counsel for the petitioner submitted that the first petitioner married the daughter of the defacto complainant on 19.8.2011 and the marriage was registered before the Registrar of Marriages. Annexure A certificate issued by Arya Samaj Mandir (Vedic Church), Calicut and Annexure B certificate of marriage issued by the Registrar of Marriages, Kozhikode would reveal that the first petitioner married the daughter of the defacto complainant. It is stated that the first petitioner and the daughter of the defacto BAIL APPL. NO.8787 OF 2011 :: 2 :: complainant filed a petition before the investigating officer stating the above facts. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rupees Ten thousand each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/