IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 3189 of 2009() ----------------------------- CRIME NO.81/2009 OF WADAKKANCHERRY POLICE STATION, THRISSUR .................... PETITIONER ------------------------------ BINEESH,S/O.CHANDRAN,KARUVATH HOUSE, CHITTANDA,WADAKKANCHERRY,THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.M.SYAM KUMAR SRI.V.M.SYAM KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,REPRESENTING THE S.I.OF WADAKKANCHERRY POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.3189 of 2009 -------------------------------- Dated this the 16th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.81 of 2009 of Wadakkanchery Police Station. 2. The offence alleged against the petitioner is under Section 363 of the Indian Penal Code. 3. I have gone through the case diary. The girl who was allegedly kidnapped has made a statement before the police stating that she had gone along with the petitioner with her free will and that there was no kidnapping as such as alleged. 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 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: BA No.3189/2009 2 a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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