IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 5805 of 2009() ----------------------------------- CRIME NO. 145/2009 OF VELLARADA POLICE STATION ......................... PETITIONER/ACCUSED: ---------------------------------- BAIJU K.S., S/O.KRISHNA PILLAI, AGED 32 YEARS,RESIDING AT K.S.BHAVAN, KYTHOTTU MOOLA,MULLUVILA,KUDAYAL P.O., VELLARADA,THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR RESPONDENTS/COUNTER PETITIONERS: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION, VELLARADA,THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, VELLARADA POLICE STATION, VELLARADA,THIRUVANANTHAPURAM. BY SRI. P.A. SALIM PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5805 of 2009 ------------------------------------ Dated this the 12th day of November, 2009 O R D E R When the Bail Application came up for hearing on 26.10.2009, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No. 6 in Crime No. 145/2009 of Vellarada Police Station. 2. The offence alleged against the petitioner is under Section 366 A read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following:- The first accused was working as a driver in the vehicle owned by defacto complainant. The first accused fell in love with the daughter of the defacto complainant aged about 16 years. On 14.05.2009 at about 2.30 A.M., it is alleged that the girl was taken by accused Nos. 1, 4 and 5 from her house in a Tata Sumo vehicle driven by accused No.6. The vehicle of accused No.6 was hired on 13.5.2009 and it was parked in the house of the first accused. 4. The learned counsel for the petitioner submitted that the petitioner is innocent and he has no complicity in the offence. He is a Taxi driver and he has taken B.A. No. 5805 of 2009 2 the passengers from Vellarada to Thankamany. 5. Taking into account facts and circumstances of the case and also after having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 3rd and 4th November, 2009. Post on 09.11.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.145/2009 of Vellarada Police Station. Hand over copy of this order to both sides.” 2. The learned counsel for the petitioner and the learned Public Prosecutor submitted that the petitioner has complied with the directions contained in the order dated 26.10.2009. 3. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the B.A. No. 5805 of 2009 3 petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs. 15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln