Rakesh vs S.I Of Police on 26 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6939 of 2009()


1. RAKESH, AGED 25, S/O. LATE RAJU,
                      ...  Petitioner

                        Vs



1. S.I OF POLICE, ANGAMALY POLICE
                       ...       Respondent

                For Petitioner  :SRI.P.SHAIJAN JOSEPH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :26/11/2009

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                     B.A. No.6939 of 2009
                ------------------------------------
            Dated this the 26th day of November, 2009

                            O R D E R

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is accused No.1 in

Crime No. 2316/2009 of Angamaly Police Station.

2. The offences alleged against the petitioner are under

Sections 363 and 365 read with Section 34 of the Indian Penal

Code.

3. The date of occurrence was on 04.11.2009. The

petitioner was arrested on 06.11.2009. The girl who was

allegedly kidnapped is aged about 17 years.

4. The learned counsel for the petitioner submitted that

the girl as well as the petitioner are neighbours and that they

were in love with each other.

5. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

petitioner, the nature of the offence and the present stage of

investigation, I am of the view that bail can be granted to the

petitioner on stringent conditions.

B.A. No.6939 of 2009 2

6. The petitioner shall be released on bail on his executing

bond for Rs.25,000/- with two solvent sureties each for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class-II, Aluva subject to the following conditions:-

A) The petitioner shall report before the
Investigating Officer between 9 A.M. and
11 A.M. on all Mondays, till the final report
is filed or until further orders.

B) The petitioner shall appear before the
Investigating Officer for interrogation as
and when required.

C) The petitioner shall not enter into the limits
of Angamaly Police Station for a period of
one month.

D) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.

E) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.

F) 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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