IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9939 of 2011 CRIME NO.890 OF 2011 OF ALAPPUZHA SOUTH POLICE STATION. PETITIONER : ACCUSED NO.1 -------------------------------- MUHAMMED SAHIR, AGED 23 YEARS, S/O. MUHAMMED SABIR, SAHIR COTTAGE, (PAZHAYAPURAKKAL,) ZACHARIYA WARD, ALAPPUZHA DISTRICT. BY ADV. SRI.A.MOHAMMED RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE S.I OF POLICE, ALAPPUZHA SOUTH ,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.9939 OF 2011 ------------------------------------------------------ Dated this the 7th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.890 of 2011 of Alappuzha South Police Station. 2. The offences alleged against the accused are under Section 366 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The prosecution case is the following: On 15.10.2011 at about 6.15 PM, the Sub Inspector of Police, Alappuzha South Police Station, found the first accused and the victim girl aged 14 years near railway over bridge. The first accused told the Police Officer that he and the victim girl are relatives. But, on further questioning, it was revealed that the girl belongs to Ernakulam and the first accused belongs to Alappuzha. The first accused requested the girl to go to Alappuzha. On reaching Alappuzha on 15.10.2011, the girl BAIL APPL. NO.9939 OF 2011 :: 2 :: was taken by the first accused in a car to various places. On the way, two of his friends also got into the car. After roaming around at several places, the car was taken by the friends of the first accused. 4. The petitioner was arrested on 15.10.2011. B.A.No.9176 of 2011 filed by the petitioner was dismissed as per the order dated 19.11.2011. The investigation has progressed much thereafter. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Alappuzha, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter, on all Mondays, till the final report is filed or until further orders; BAIL APPL. NO.9939 OF 2011 :: 3 :: 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 as above. (K.T.SANKARAN) Judge ahz/