Single judge of Kerala High Court allowed bail application for accused-2 in a kidnapping case under Section 366A IPC, granting anticipatory bail subject to conditions including reporting to police and indemnity bond.
Anticipatory bail granted subject to execution of bond with sureties and compliance with specified conditions regarding reporting and conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932
Bail Appl..No. 1165 of 2010() ----------------------------CRIME NO.45/2010 OF THIRUVALLAM POLICE STATION ....................
PETITIONER/2ND ACCUSED
-----------------------------------------VINIL KUMAR, S/O. VIJAYAN, AGED 26, VADAKKAL THADATHARUKATHU VEEDU, ERAVOOR, ARAYANADU P.O., THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.K.R.SUNIL
RESPONDENT(S): COMPLAINANT -------------------------THE SUB INSPECTOR OF POLICE, THIRUVALLAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
PUBLIC PROSECUTOR SRI.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.1165 of 2010
Dated this the 7th day of April, 2010
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.45 of 2010 of Thiruvallam Police Station.
BA No.1165/2010
2
case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner.
There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:
The Bail Application is allowed to the extent indicated above.
K.T.SANKARAN, JUDGE
csl
3 issues framed by the court
Whether anticipatory bail can be granted to the petitioner accused of kidnapping and abduction under Section 366A IPC.
What conditions should be imposed on the grant of anticipatory bail in a child-related offence case.
Whether the petitioner, being an accomplice in facilitating the meeting between the accused and the victim, qualifies for bail.
2 provisions across 2 enactments
Vinil Kumar
Inspector of Police, Thiruvallam Police Station
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
