IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5582 of 2007()
1. ABID, S/O. SHAMSUDHIN,KALATHIL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :18/09/2007
O R D E R
R.BASANT, J
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B.A.No.5582 of 2007
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Dated this the 18th day of September, 2007
ORDER
Application for anticipatory bail. The petitioner is the 1st
accused. He faces allegations for offences punishable under Sections
366A and 376 of the IPC. The crime was initially registered under the
caption ‘girl missing’. Later a writ petition was filed before this Court.
The minor child was born on 31.03.91. She was found missing on
22.06.07. It is the case of the guardian of the child in the writ petition
that the child had left on her own will and was pregnant by two
months. She was in love with the petitioner. She was subsequently
taken away to her mother. Investigation is in progress. The
petitioner apprehends imminent arrest. He seeks anticipatory bail.
2. The learned Public Prosecutor does not oppose the said
prayer. The learned Public Prosecutor only submits that appropriate
conditions may be imposed. I am satisfied ,in the facts and
circumstances of the case, that anticipatory bail can be granted to the
petitioners.
3. In the result this petition is allowed. The following directions
are issued under Sec.438 Cr.P.C
i) Petitioner shall surrender before the learned Magistrate
B.A.No.5582 of 2007 2
having jurisdiction at 11 a.m on 25/9/2007.
ii) He shall be released on regular bail on condition that he
execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two
solvent sureties each for the like sum to the satisfaction of the learned
Magistrate.
iii) The petitioner shall make himself available for interrogation
before the investigating officer between 10 a.m and 3 p.m on
26.09.07, 27.09.07 and 28.09.2007 and thereafter on all Mondays and
Fridays between 10 a.m and 12 noon for a period of two months.
Subsequently the petitioner shall so appear as and when directed by
the investigating officer in writing to do so.
(iv) If the petitioner does not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
thereafter stand revoked and the police shall be at liberty to arrest the
petitioner and deal with him in accordance with law, as if these
directions were not issued at all.
(v) If he were arrested prior to 25.09.2007, he shall be
released on bail on his executing a bond for Rs.50,000/- (Rupees fifty
thousand only) without any sureties, undertaking to appear before the
learned Magistrate on 25/9/2007.
(R.BASANT, JUDGE)
sj
/TRUE COPY/
P.A.TO JUDGE
