IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10522 of 2011() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN BA.8281/2011 Dated 09/11/2011 CMP.5903/2011 of J.M.F.C., HARIPAD CRIME NO.727 OF 2011 OF KAREELAKULANGARA POLICE STATION .................... PETITIONER: -------------------- SREEKANTH R. NAIR, S/O RAMAN NAIR, AGED 21 YEARS, VETTATHU KOYICKAL HOUSE, MATTAM NORTH MURI, KANNAMANGALAM VILLAGE, ALAPPUZHA. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10522 OF 2011 --------------------------------- Dated this the 22nd day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is accused No.1 in Crime No.727 of 2011 of Kareelakulangara Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Sections 363 and 366 of the Indian Penal Code. 3. Crime No.584 of 2011 was registered against the petitioner and others under Sections 363 and 366 of the Indian Penal Code on the allegation that they kidnapped a minor girl from the lawful custody of her parents. Habeas Corpus petition filed by the father of the petitioner is pending before this court. It would appear that civil suit is also filed by the father of the petitioner as well as the petitioner, which is B.A.No. 10522 OF 2011 2 also pending. The allegation in the present case is that on 20.10.2011, the accused again kidnapped the girl from lawful custody. The girl was later produced before this court in the Habeas Corpus petition and she was released. The girl is now accommodated in a hostel as per the directions of this court. 4. The petitioner was arrested on 28.11.2011. Bail was granted to the petitioner in Crime No.584 of 2011, as per the order dated 22nd December, 2011 in B.A.No.10511 of 2011, with effect from 29.12.2011. 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 with effect from 29.12.2011. 6.The petitioner shall be released on bail only on 29.12.2011 on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the B.A.No. 10522 OF 2011 3 First Class-I, Haripad, 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, 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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 cms