IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Bail Appl..No. 1102 of 2010() -------------------------------------- CRIME NO.124/CR/09 OF CBCID , KOZHIKODE .................... PETITIONER/ACCUSED: -------------------------------------- PRASANNA K., W/O.BALAN, AGED 46 YEARS, KADAKALAKAM HOUSE, KALATHINKUNNU AMSOM DESOM, PANICKER ROAD, NADAKKAVU, CALICUT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT/ COMPLAINANT/STATE: -------------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1102 of 2010 ------------------------------------ Dated this the 5th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.124/CR/09 of CBCID, kozhikode. 2. The offences alleged against the petitioner are under Sections 376, 366A, 212 and 120B of the Indian Penal Code. 3. The petitioner is the mother of accused No.1. It is stated that the victim girl, who was below 16 years of age at the relevant time, was in love with the first accused. They eloped. The allegation against the petitioner is that she provided help to them and harboured them. It would appear that a Habeas Corpus Writ Petition was filed before the High Court for the issuance of Writ of Habeas Corpus for the production of the victim girl before the court. The girl was produced. It is stated that now the victim and the first accused are living together along with accused Nos.2 and 3, who are the parents of accused No.1. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of B.A. No.1102/2010 2 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 her on bail on her 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 appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 scm