IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1204 of 2010() ----------------------------- CRIME NO.72/2010 OF POTHENCODE POLICE STATION .................... PETITIONER/ACCUSED(PARTY INCUSTODY) ------------------------------------------------------- RAGESH, S/O.RAVEENDRAN, RESMIVILASAM VEEDU, MELULIYAZHATHARA MURI, ULIYAZHTHARA VILLAGE. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,. 2. SUGATHAN, S/O.MRITHUNJAYAN, SUJATHA BAVAN, BHAVATHIPURAM, AYIROORPPARA PO, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1204 of 2010 --------------------------------------------- Dated this the 2nd day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.72 of 2010 of Pothencode Police Station. 2. The offences alleged against the petitioner are under Sections 361, 366A, 309 and 376 of the Indian Penal Code. 3. The prosecution case is that on 5.2.2010, the daughter of the de facto complainant, aged 15 years, was found missing. The matter was reported to the police. The de facto complainant filed W.P.(Crl.)No.61 of 2010 before the High Court for the issue of a writ of Habeas Corpus for production of the girl before court. On 15.2.2010, the girl was arrested from Palani. The girl had gone along with the petitioner. It is stated that the girl was in love with the petitioner. Advocate Sri.R.T.Pradeep appears for the de facto complainant. It is submitted that the parties have came to an agreement that on the girl attaining majority, she will be given in marriage to the petitioner. Advocate BA No. 1204/2010 2 Sri.M.Sreekumar learned counsel appearing for the petitioner, on instructions, submits that the petitioner has agreed to marry the girl on her attaining majority. It is also submitted by the learned counsel for the petitioner and the learned counsel for the de facto complainant that an agreement was executed between the de facto complainant and the father of the petitioner. 4. 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. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Attingal, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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; BA No. 1204/2010 3 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 csl