IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Bail Appl..No. 3836 of 2008() ----------------------------- CRMP.2865/2008 of J.M.F.C., ADOOR CRIME NO. 305/2008 OF PANDALAM POLICE STATION PETITIONER/ACCUSED ----------------------------------- SANALKUMAR, S/O.KUMARAN, VILAYIL VEEDU, KIZHAKKUMKARA, ATTIPARA, THIRUVANANTHAPURAM. BY ADV. SRI.SALIM V.S. RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT. BY P.P.SRI.P.A.SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3836 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2008 O R D E R Application for bail. 2. The alleged offences are under section 366 IPC. According to the prosecution, the petitioner has kidnapped 17 year girl, compelled her to marry him against her will and she was forced or seduced to illicit intercourse with him. The incident occurred on 15-4-2008 at 1 p.m. 3. Learned counsel for the petitioner submitted that the minor girl and the petitioner were in love and the petitioner is in custody from 2-6- 2008 onwards for a sufficiently long period of 30 days. The complaint was lodged by the mother of the alleged victim, since the minor was found missing from the house. Later, she was traced out by the police and on questioning she stated that she was asked to the K.S.R.T.C. stand and from there the petitioner took her to his own house. According to her, the petitioner and the minor girl were in love and they were sleeping in different rooms and she did not have any sexual contact with the petitioner. BA 3836/08 -2- There is also no marriage. The learned Public Prosecutor opposed the application on the ground that the victim is a minor aged 17 years. 4. On hearing both sides and on perusal of the case diary, I find that the investigation has progressed and detention of the petitioner in jail may not be necessary for the purpose of investigation. 5. Hence, the petitioner is granted bail on the following conditions:- 1. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor. 2. The petitioner shall not intimidate or influence any witness or witnesses or tamper with the evidence and in case breach of this condition, bail is liable to be cancelled. 3. The petitioner shall report before the Investigating Officer as and when directed. The application is allowed. K. HEMA, JUDGE. mn.