IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2867 of 2010()
1. MOHAMMED ANAS, S/O.MOHAMMED NAMIM,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.G.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/05/2010
O R D E R
K.HEMA, J.
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B.A. No. 2867 of 2010
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Dated this the 20th day of May, 2010
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 366 (A) and 376
of the Indian Penal Code. According to prosecution, petitioner
kidnapped the minor daughter of the de facto complainant and
committed rape on her, on several occasions, prior to
04.04.2010.
3. Learned counsel for petitioner submitted that the alleged
victim is aged 17 years and petitioner and the victim were in
love with each other since long time back and he is ready to
marry her. Petitioner is in custody for the last 40 days since
10.04.2010. The crime is registered only because of the
intervention of the parents of the victim, who were not willing to
give consent for the marriage, it is also submitted. Petitioner has
not kidnapped the minor girl, but she had written letters to him
stating that if she was not taken away, she would commit
suicide etc. Petitioner and the victim are related each other.
4. Learned Public Prosecutor submitted that considering the
B.A. No. 2867 of 2010 2
stage of investigation, he has no objection in granting bail but
condition may be imposed.
5. On hearing both sides, I am satisfied that bail can be
granted on conditions. Hence following order is passed:
Petitioner shall be released on bail on his
executing a bond for Rs. 25,000/- with two solvent
sureties each for the like sum to the satisfaction of
the Magistrate Court concerned on the following
conditions:
i) Petitioner shall report before the
Investigating Officer on every Monday
between 10 A.M. and 1 P.M., until further
orders.ii) Petitioner shall not influence or intimidate
any witnesses or tamper with the
evidence.iii) Petitioner shall not enter the limits of the
police station within which the crime is
registered, except for compliance of
condition No.1, until further orders.
This petition is allowed.
K. HEMA, JUDGE
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