IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Bail Appl..No. 2867 of 2010() ----------------------------------- CMP.5068/2010 of J.M.F.C.-III,NEYYATTINKARA CRIME NO. 319/2010 OF BALARAMAPURAM POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- MOHAMMED ANAS, S/O.MOHAMMED NAMIM, NIYAZ MANZIL, AARALUMMOODU, THALAYAL DESOM, ATHIYANNOOR, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENTS/COMPLAINANTS : -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 2867 of 2010 ------------------------------------ Dated this the 20th day of May, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 366 (A) and 376 of the Indian Penal Code. According to prosecution, petitioner kidnapped the minor daughter of the de facto complainant and committed rape on her, on several occasions, prior to 04.04.2010. 3. Learned counsel for petitioner submitted that the alleged victim is aged 17 years and petitioner and the victim were in love with each other since long time back and he is ready to marry her. Petitioner is in custody for the last 40 days since 10.04.2010. The crime is registered only because of the intervention of the parents of the victim, who were not willing to give consent for the marriage, it is also submitted. Petitioner has not kidnapped the minor girl, but she had written letters to him stating that if she was not taken away, she would commit suicide etc. Petitioner and the victim are related each other. 4. Learned Public Prosecutor submitted that considering the B.A. No. 2867 of 2010 2 stage of investigation, he has no objection in granting bail but condition may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence following order is passed: Petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence. iii) Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition No.1, until further orders. This petition is allowed. K. HEMA, JUDGE ln