IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 8052 of 2011() --------------------------------------- CRIME NO.1161/2011 OF KOTTIYAM POLICE STATION, KOLLAM DISTRICT .............. PETITIONER/ACCUSED -------------------------------------- S.K.VARUN, AGED 23 YEARS, S/O. SREEKUMARAN NAIR, SREEDHARA VILASAM BUNGLOW, CHERUVALLOOR, MANGODU VILLAGE, KANYAKUMARI DISTRICT, TAMILNADU. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT & DEFACTO COMPLAINANT ----------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOLLAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JASMINE THOMAS, W/O. THOMAS JOSEPH, JASMINE NIVAS, MAYYANADU VILLAGE, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J ` ---------------------------- B.A. NO.8052 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.1161/2011 of Kottiyam Police Station. Apprehending, arrest, detention and torture in connection with the missing of a girl aged 16 years, the petitioner seeks an order directing the first respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having heard either side, especially perusing Annexure A,B and C, it appears that the case was registered on sufficient materials. Of course, now it is submitted that the missing girl, who was taken to Bangalore was rescued from the custody of the petitioner and thereafter the matter was settled. But that is not at all a reason to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. B.A. NO.8052 OF 2011 2 In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, who, after interrogation shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for bail. The learned Magistrate while considering the application for bail may take into account of all the facts and circumstances including the settlement and promise to marry, after the girl having majority shall dispose of the bail application on merits, as far as possible, on the same day provided, due notice is given to the Assistant Public Prosecutor P.S.GOPINATHAN, JUDGE amk