IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 5503 of 2009() ----------------------------- CRIME NO.465/09 OF VENJARAMOODU POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- ANIL RAJ.S.S., AGED 46 YEARS,S/O.SUSEELAN,THUNDIL VEEDU, VAMANAPURAM VILLAGE,NEDUMANGADU TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5503 of 2009 --------------------------------------------- Dated this the 30th day of September, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.465 of 2009 of Venjaramoodu Police Station. 2. The offence alleged against the petitioner is under Section 366A read with Section 34 of the Indian Penal Code. 3. A minor girl was in love with the first accused. The prosecution case is that the girl was induced to go with the first accused. The allegation against the petitioner is that his mobile phone was used by the girl to call the first accused. 4. It is submitted by the learned counsel for the petitioner that there is no allegation that the petitioner ever induced the girl to go with the first accused. As requested by the victim, the petitioner only provided his mobile phone for making a call. The counsel submits that it would not amount to any offence. 5. Taking into account the facts and circumstances of the BA No.5503/2009 2 case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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 to the extent indicated above. K.T.SANKARAN, JUDGE csl