IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6553 of 2009()
1. ANAS, S/O. ARSHAD,
... Petitioner
2. SHEMEER @ PODIKA, S/O. FAROOK,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6553 of 2009
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Dated this the 9th day of November, 2009
O R D E R
This is an application for bail under Section 439 of the Code
of Criminal Procedure. Petitioners are accused Nos.1 and 2 in
Crime No. 587/2009 of Paravoor Police Station.
2. The offence alleged against the petitioners is under
Section 366 read with Section 34 of the Indian Penal Code.
3. The prosecution case is that the defacto complainant’s
daughter was kidnapped by the accused persons on 13.10.2009.
The petitioners were arrested on 15.10.2009 and they are in
judicial custody since then.
4. It is submitted by the learned counsel for the petitioners
that the first petitioner was in love with the daughter of the
defacto complainant. Annexure A2 series letters and Annexure A3
statement given by the defacto complainant’s daughter before the
police are relied on in support of this contention.
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
B.A. No. 6553 of 2009 2
investigation, I am of the view that bail can be granted to the
petitioners.
6. The petitioners shall be released on bail on their
executing a bond for Rs. 15,000/- each with two solvent
sureties each for the like amount to the satisfaction of the
Judicial Magistrate of the First Class, Paravoor subject to the
following conditions:-
A) The petitioners shall report before the
Investigating Officer between 9 A.M.
and 11 A.M. on all alternate Mondays,
till the final report is filed or until
further orders.
B) The petitioners shall appear before the
Investigating Officer for interrogation as
and when required.
C) The petitioners shall not try to influence
the prosecution witnesses or tamper
with the evidence.
D) The petitioners 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
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