Partly allowed

Suneer v. State of Kerala

Kerala HC30 Jan 2008Bail Appl./74/2008

Case brief

AI extract

What is this about?

In a bail application under Section 438 Cr.P.C., Justice B. R. BASANT granted anticipatory bail to two accused persons in a kidnapping case involving a minor, subject to bonds and appearance conditions, while dismissing the prayer for the third petitioner.

What did the court decide?

Anticipatory bail granted to petitioners 1 and 3 subject to executing bonds of Rs. 25,000 each with two sureties, appearing before Magistrate and for interrogation on specified dates; prayer dismissed

Suneer Vs State of Kerala — Bail and Remand | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929

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Bail Appl..No. 74 of 2008()

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CRIME NO.204/07 OF UPPUTHARA POLICE STATION

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PETITIONER/ACCUSED

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SUNEER,S/O. ABDU SALAM, AGED 18 YEARS NELLIVILATHAZHATHUNDU,KAMPALADY P.O., PORUVAZHIL VILLAGE KUNNATHOOR TALUK KOLLAM DIST.

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SUNEER,S/O.YOUSUF KUNJU VALLITHUDNDIL PUTHENVEEDU KAMPALADY P.O.,PORUVAZHIL VILLAGE KUNNATHOOR TALUK KOLLAM DIST.

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SHIHAB,S/O. SHIHABUDEEN KANJINAVILA PUHENVEEDU KAMPALADY P.O.,KOLLAM .

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BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU

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RESPONDENTS: COMPLAINANT

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STATE OF KERALA REP. BY

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PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. S.U. NAZAR.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R. BASANT, J.

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B.A. No. 74 OF 2008

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Dated this the 30^th day of January, 2008

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ORDER

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Application for anticipatory bail. There are three petitioners. Petitioners 1 and 3 are accused 1 and 2 respectively in a crime registered for offences punishable, inter alia, under Sec.366A of the IPC. The 2^nd petitioner is not arrayed as an accused and is not required to be arrested, submits the learned Public Prosecutor. The prayer of the 2^nd petitioner can hence be dismissed accepting the submission of the learned Public Prosecutor.

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The crux of the allegations against the petitioners is that while the victim in the crime and her mother were attending service in a Church, the miscreants came near the Church in a vehicle and the victim – a girl aged about 17 years, a minor, was induced and physically taken in the said car by

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B.A. No. 74 OF 2008 -: 2 :-

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the miscreants who sped away in the car from the Church. The mother of the victim informed the Vicar of the Church and the matter was conveyed to the police. The police chased the car. The car was stopped. The miscreants took to their heels and the girl was saved. The girl, when she was produced before the learned Magistrate, gave a statement which indicated that she was in love with the 1^st accused, even though she also stated that she was taken away employing forcible persuasions by the accused. The incident took place on 12/8/07. Investigation is in progress. The petitioners apprehend imminent arrest.

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The learned counsel for petitioners 1 and 3 prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that anticipatory bail can, in the peculiar facts and circumstances of this case, be granted to petitioners 1 and 3 subject to appropriate terms and conditions which shall ensure the interests of a fair, efficient and expeditious investigation.

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In the result, this bail application is allowed in part. The prayer in so far as it relates to the 2^nd petitioner is dismissed accepting the submission of the learned Public Prosecutor. Following directions are issued under Sec.438 of the Cr.P.C. in

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B.A. No. 74 OF 2008 -: 3 :-

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favour of petitioners 1 and 3:

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(i) Petitioners 1 and 3 shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 6/2/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate.

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(ii) Petitioners 1 and 3 shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 7/2/08 and 8/2/08. Thereafter petitioners 1 and 3 shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, they shall so make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so.

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(iii) If petitioners 1 and 3 do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law as if these directions were not issued at all;

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(iv) If petitioners 1 and 3 were arrested prior to their

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B.A. No. 74 OF 2008 -: 4 :-

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surrender on 6/2/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 6/2/08.

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Sd/-

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(R. BASANT, JUDGE)

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Nan/

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//true copy//

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P.S. to Judge

Suneer v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suneer v. State of Kerala

Case brief

What is this about?

What did the court decide?

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