IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6854 of 2009() ----------------------------- CRIME NO.399/2009 OF THIRUVALLAM POLICE STATION .................... PETITIONER (S): ACCUSED: ---------------------------- ABHILASH, AGED 20 YEARS, S/O.RAJAN, ANAKUZHY KUNNUVILA PUTHEN VEEDU, POONKULAM, MUTHAKKADU DESOM, KALLIYOOR VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, THIRUVALLAM POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6854 of 2009 --------------------------------------------- Dated this the 23rd day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.399 of 2009 of Thiruvallam Police Station. 2. The offence alleged against the petitioner is under Section 366 of the Indian Penal Code. 3. The crime was originally registered for woman missing. The wife of the de facto complainant, who is aged 32 years and who has two children, was found missing. On 5.11.2009, the missing woman and the petitioner were arrested. The petitioner was remanded to judicial custody. 4. The petitioner is a neighbour of the de facto complainant. It is stated that the de facto complainant has another wife and children. The petitioner is aged only 20 years. It is alleged that the missing woman took a rented house at Puthencruz. 5. Taking into account the facts and circumstances of the BA No.6854 /2009 2 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-II, Neyyattinkara, subject to the following conditions: a) The petitioner 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 petitioner shall appear before the investigating officer for interrogation as and when required; 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