IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1786 of 2008()
1. JAYASH, AGED 23 YEARS,
... Petitioner
Vs
1. STATION HOUSE OFFICER,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.MANSOOR.B.H.
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :19/03/2008
O R D E R
R.BASANT, J
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B.A.No.1786 of 2008
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Dated this the 19th day of March, 2008
ORDER
Application for regular bail. Petitioner is the 2nd accused.
Altogether there 2 accused persons. The petitioner is a taxi
driver. The 1st accused is a friend of his. The 1st accused was
allegedly in love with a girl who was below the age of consent.
The 1st accused is alleged to have induced and taken away the
said minor girl from the keeping and custody of her father. The
petitioner is alleged to have offered assistance to the 1st accused
to facilitate the commission of the crime. The alleged incident
took place on 01.03.08. The petitioner was arrested on 06.03.08.
It is alleged that the victim was subjected to sexual intercourse by
the 1st accused while she was with him after 01.03.08. The 1st
accused has been arrested and the presence of the girl has been
procured on 16.03.08. Investigation is in progress. The petitioner
continues in custody from 06.03.08 onwards.
2. The learned P.P does not oppose the application.
3. I have considered all the relevant inputs. Admittedly
the only allegation against the petitioner is that he facilitated the
B.A.No.1786 of 2008 2
1st accused to go away from the locality with his fiancy – the
victim aged below 16 years. In any view of the matter, I am
satisfied that the petitioner who has remained in custody from
06.03.08 can now be granted regular bail subject to appropriate
terms and conditions.
4. In the result, this application is allowed. The petitioner
shall be released on bail on the following terms and conditions.
i) The petitioner shall execute a bond for Rs.25,000/-
(Rupees Twenty five thousand only) with two solvent sureties
each for the like sum to the satisfaction of the learned Magistrate;
ii) The petitioner shall make himself available for
interrogation before the Investigating Officer between 10 a.m and
12 noon on all Mondays and Fridays for a period of one month and
thereafter as and when directed by the Investigating Officer in
writing to do so.
(R.BASANT, JUDGE)
rtr/-