IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1471 of 2007()
1. ANIL RETNAKAR SHET, S/O.LATE
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. STATION HOUSE OFFICER,
For Petitioner :SRI.SHAJI P.CHALY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :20/03/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 1471/2007
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Dated this 20th day of March, 2007
O R D E R
The petitioner who is the accused in Crime
No.36/2007 of Margoa Town Police Station for an offence
punishable under Section 364 IPC for allegedly kidnapping his
own daughter, Anisha, now aged 18, seeks anticipatory bail.
2. The learned counsel for the petitioner had asserted
that the petitioner’s daughter, Anisha, had come from Goa to
the house of the petitioner at Fort Kochi on her own accord and
that she has attained majority. In view of the above submission,
the petitioner was directed to produce the girl before the
concerned Magistrate who was directed to record the statement
of Anisha and forward the same to this Court. Accordingly,
Anisha was produced before the J.F.C.M-I, Kochi, on 14.3.2007
who recorded the statement of Anisha. The said statement has
been forwarded to this Court. It show that the girl has attained
majority and she came to Fort Kochi on her own accord to meet
her father and she is not under the forcible custody of any
person and that she had left her house at Margoa without telling
her mother.
B.A.1471/2007
2
3. Such being the position, I am inclined to grant
anticipatory bail to the petitioner. Accordingly, a direction is
issued to the Investigating Officer to release the petitioner on
bail for a period of three months in the event of his arrest in
connection with the above case on his executing a bond for Rs.
10,000/- (Rupees ten thousand only) with two solvent sureties
each for the like amount to the satisfaction to the said officer
and subject to the following conditions:
(a). The petitioner shall make himself
available for interrogation as and when
required by the Investigating Officer.
(b). The petitioner shall not influence or
intimidate the prosecution witnesses nor
shall he attempt to tamper with the evidence
for the prosecution.
(c). Petitioner shall not commit any offence
while on bail.
(d). Petitioner shall surrender before the
Magistrate concerned and seek regular bail
in the meanwhile.
B.A.1471/2007
3
4. If the petitioner commits breach of any of the above
conditions, the bail granted to him shall be liable to be
cancelled.
5. It shall be open to the petitioner to apply for a
certified copy of the statement of Anisha, forwarded to this
Court by the J.F.C.M-I, Kochi.
The application is allowed as above.
V.RAMKUMAR,
JUDGE
mrcs