IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6572 of 2008() ------------------------------------ CRMP.3002/2008 of SESSIONS COURT, KOLLAM CRIME NO.922/2008 OF KUNDARA POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- SHANAVAS, S/O. ANTONY, AGED 22 YEARS, KALLUVILA VEEDU, KURUMANDAL, PARAVOOR VILLAGE, KOLLAM DISTRICT BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS/COMPLAINANTS : ---------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KUNDARA, KOLLAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6572 OF 2008 ------------------------------ Dated this the 7th day of November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 363 and 376 of I.P.C. According to prosecution, a 15 year old girl was kidnapped by petitioner and she was subjected to rape by him. A crime was registered on the basis of a complaint lodged by the victim's father under the caption 'man missing'. 3. Learned counsel for petitioner submitted that the petitioner is a boy, aged 20 years and he was in love with the alleged victim and her mother came to know about it and she was warned. The petitioner's mother also warned victim's mother on knowing about the affair. At this juncture alleged victim declared that she would marry only petitioner and hence her father, who was working abroad came down to India and she was taken to her grandmother's house. From there, she insisted petitioner to take her away. Petitioner had taken the alleged victim only at her request as revealed from the statement given by the girl itself and there is no kidnapping, it B.A.6572 of 2008 2 is submitted. The petitioner has been in custody for the past more than 39 days and hence he may be granted bail, it is submitted. 4. This petition is not opposed. Learned Public Prosecutor submitted that suitable conditions may be imposed while granting bail. Hence, bail is granted to the petitioner on the following terms and conditions : (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) Petitioner shall report before Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not enter the limits of the police station within which crime is registered except for compliance of direction in clause no.(ii). B.A.6572 of 2008 3 (iv) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac