IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 9966 of 2011() ----------------------------- CRIME NO.2810 OF 2011 OF KARUNAGAPPALLY POLICE STATION .................... PETITIONERS : ACCUSED 2, 3 & 4 ----------------------------------------------- 1. ANZAL,S/O.SHARAFUDEEN, CHANAYILPADEETTATHIL VEEDU, K.S PURAM P.O, KADATHUR MURI, KULASEKHARAPURAM VILLAGE. 2. NIZAR,S/O.RASHEED, KANNAMBALLIKIZHAKKETHARAVEEDU, K.S PURAM P.O, KADATHUR MURI, KULASEKHARAPURAM VILLAGE. 3. ANEESH,S/O.SHAJI, KANNAMBALLITHEKKATHIL VEEDU, K.S PURAM P.O, KADATHUR MURI, K.S PURAM VILLAGE. (UNDER CUSTODY) BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): COMPLAINANT --------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM- 682 031. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9966 of 2011 --------------------------- Dated this the 9th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2, 3 and 4 in Crime No.2810 of 2011 of Karunagappally Police Station. 2. The offence alleged against the petitioners is under Section 366A read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 22.11.2011 at 1.30 P.M., the daughter of the de facto complainant, a minor girl, was abducted by the accused while the girl was walking along the road side. The petitioners were arrested on 24.11.2011 and they were remanded to judicial custody. 4. The learned counsel for the petitioners submitted that accused No.1 Jinad was in love with the daughter of BA 9966/11 2 the de facto complainant and they eloped. The petitioners have no connection with the crime. It is also submitted by the counsel that the girl and Jinad have not been traced out so far. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for ` 25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, subject to the following conditions: A) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; BA 9966/11 3 C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; D) The petitioners 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