IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6572 of 2008()
1. SHANAVAS, S/O. ANTONY, AGED 22 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.C.UNNIKRISHNAN (KOLLAM)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :07/11/2008
O R D E R
K.HEMA, J.
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B.A. No.6572 OF 2008
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Dated this the 7th day of November, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 363 and 376
of I.P.C. According to prosecution, a 15 year old girl was
kidnapped by petitioner and she was subjected to rape by him.
A crime was registered on the basis of a complaint lodged by
the victim’s father under the caption ‘man missing’.
3. Learned counsel for petitioner submitted that the
petitioner is a boy, aged 20 years and he was in love with the
alleged victim and her mother came to know about it and she
was warned. The petitioner’s mother also warned victim’s
mother on knowing about the affair. At this juncture alleged
victim declared that she would marry only petitioner and
hence her father, who was working abroad came down to India
and she was taken to her grandmother’s house. From there,
she insisted petitioner to take her away. Petitioner had taken
the alleged victim only at her request as revealed from the
statement given by the girl itself and there is no kidnapping, it
B.A.6572 of 2008
2
is submitted. The petitioner has been in custody for the past
more than 39 days and hence he may be granted bail, it is
submitted.
4. This petition is not opposed. Learned Public Prosecutor
submitted that suitable conditions may be imposed while
granting bail.
Hence, bail is granted to the petitioner on the following
terms and conditions :
(i) Petitioner shall execute a bond for Rs.25,000/-
with two solvent sureties each for like sum to
the satisfaction of the Magistrate court
concerned.
(ii) Petitioner shall report before Investigating
Officer on every Monday between 10 a.m. and
1 p.m. until further orders.
(iii) Petitioner shall not enter the limits of the
police station within which crime is registered
except for compliance of direction in clause
no.(ii).
B.A.6572 of 2008
3(iv) Petitioner shall not influence or intimidate
any witness or commit any offence while on
bail and in case of breach of this condition,
bail is liable to be cancelled.
The petition is allowed.
K.HEMA, JUDGE
pac