IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6941 of 2009()
1. SUMESH @ SOFIN, S/O.SOMAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.SYAM J SAM
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6941 of 2009
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Dated this the 1st day of December, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the accused in
Crime No.1865/2009 of Kottarakara Police Station.
2. The offences alleged against the petitioner are under
Sections 363 and 366 of the Indian Penal Code.
3. The prosecution case is that on 14/11/2009, the
accused kidnapped a minor girl aged about 17 years. The
petitioner was arrested on 15/11/2009 and he was remanded to
judicial custody.
4. The learned counsel for the petitioner submitted that
the petitioner and the girl are distant relatives and that they were
in love for the last four years.
5. Taking into account the facts and circumstances of the
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.
B.A. No. 6941 /2009
2
6. The petitioner shall be released on bail on his executing
bond for Rs.15,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-I, Kottarakara 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
scm