IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 1371 of 2010() ----------------------------- CRIME NO.79/2010 OF PERAMBRA POLICE STATION PETITIONER/ACCUSED : --------------------------------- SUNEESH, S/O.KELAPPAN, NELLIULLAPARAMBIL HOUSE, CHAKKITTAPPARA AMSOM, MULAKAD DESOM, MULAKAD, KOZHIKODE DISTRICT. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): COMPLAINANT --------------------------------------------- SHO, PERAMBRA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1371 of 2010 --------------------------------------------- Dated this the 24th day of March, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.79 of 2010 of Perambra Police Station. 2. The offence alleged against the petitioner is under Section 366A of the Indian Penal Code. 3. The prosecution case is that on 6.1.2010, the victim, a student studying in 10th standard, while walking through the road, was requested by the accused to get on his bike. She refused. She was compelled and threatened to get on the bike. She obeyed. She was told that the accused would drop her near her school. He did not do so. Instead, he tried to take her to some other place. It is stated that the victim jumped out of the bike. The matter was informed to the police. 4. After hearing the learned counsel appearing for the petitioner as well as the learned Public Prosecutor and also taking into account the facts and circumstances of the case, the following order was passed on 11th March, 2010. BA No.1371/2010 2 “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 17th and 18th March, 2010. The petitioner shall produce a copy of the order before the investigating officer. Post on 24.3.2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.79/2010 of Perambra Police Station, Kozhikode District. The petitioner shall produce copy of this order before the investigating order.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction contained in the order dated 11.3.2010 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 11.3.2010 has been BA No.1371/2010 3 complied with by the petitioner, 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.15,000/- 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