High Court Kerala High Court

Prasad vs State Of Kerala on 30 September, 2010

Kerala High Court
Prasad vs State Of Kerala on 30 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5977 of 2010()


1. PRASAD,AGED 24 YEARS,S/O.SIVANKUTTY,
                      ...  Petitioner
2. SIVAN KUTTY,AGED 43 YEARS,

                        Vs



1. STATE OF KERALA,THROUGH THE CIRCLE
                       ...       Respondent

                For Petitioner  :SRI.SAKIR.K.H.

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :30/09/2010

 O R D E R
                           V. RAMKUMAR, J.
             ....................................................
                Bail Application No. 5977 of 2010
             .....................................................

                        Dated: 30-09-2010

                                  ORDER

Petitioners who are accused Nos. 1 and 2 in Crime No.

871 of 2010 of Pandalam Police Station for an offence

punishable under Sec. 366 read with Sec. 34 I.P.C. seek their

enlargement on bail. The petitioners were arrested on 15-09-

2010.

2. The application was opposed on behalf of the

prosecution contending inter alia that the first accused who was

masquerading as the lover of the 17 year old victim was

abducted from her house and two days thereafter the second

accused who is none other than the father of A1 had taken the

girl out to facilitate A1 to go and stay with the girl elsewhere and

which case was originally registered under the caption “man

missing” was subsequently converted into the above offence.

3. Having regard to the nature of the allegations levelled

B.A. No. 5977 of 2010 -:2:-

against the petitioners, the relative conduct of the parties and

the other facts and circumstances of the case, if the petitioners

are released on bail, they will definitely influence and intimidate

the prosecution witnesses. There is also the likelihood of the

petitioners making themselves scarce and fleeing from justice. I

am, therefore, not inclined to grant bail to the petitioners at this

stage.

This petition is accordingly dismissed.

Dated this the 30th day of September 2010.

V. RAMKUMAR, (JUDGE)
ani.