The petitioner, who is accused No.2 in Crime No.2609 of 2014 of Aluva East Police Station, Ernakulam district registered for offences alleged under Sections 452, 342, 323 and 366(A) of Indian Penal Code r/w Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012. The petitioner has approached this Court seeking anticipatory bail by invoking the remedy under Section 438 of the Code of Criminal Procedure. 2. The gist of the allegations raised against the accused persons is that the 1st accused and the petitioner herein had trespassed into the house of the lady de facto complainant and kidnapped her grand daughter, who is a minor girl aged 16 years and that the aforementioned offences have been committed.
3. Sri. Ajoy.P.B, the learned counsel for the petitioner, would submit that the petitioner is innocent of the allegations and that the 1st accused was in love with the minor girl and that she had voluntarily left with 1st accused and she was produced before the Station House Officer, Aluva East Police Station by the father of the 1st accused on 01.07.2014 at 10 p.m and that the police after questioning the victim as well as the 1st accused sent the victim along with her parents on the next day and that the police produced the victim before the jurisdictional Magistrate, who recorded her statement, wherein also she had stated that she had voluntarily left with the 1st accused. The learned counsel for the petitioner would submit that in these circumstances, this Court had already granted pre-arrest bail to 1st accused in B.A No.5482 of 2014 on 25.07.2014. A copy of the order in the above bail application was given to this Court for perusal, by the learned counsel for the petitioner and it is stated in the said order about the aforementioned aspects now stated by the petitioner. Accordingly, this Court has held that the custodial interrogation of 1st accused is not necessary and thus, granted anticipatory bail to 1st accused in the above crime. The learned counsel for the petitioner would submit that even according to the version of the prosecution, 1st accused is the principal offender and that the petitioner, who is 2nd accused, is only be an accessory to 1st accused in the alleged commission of the aforementioned offence. Especially in the light of the anticipatory bail granted to 1st accused as per the order in B.A No.5482 of 2014 dated 25.07.2014, this Court may allow the plea of pre-arrest bail to the petitioner herein, it is submitted. The learned counsel for the petitioner would further submit that the petitioner is prepared to comply with any strict conditions imposed by this Court for the grant of anticipatory bail.
4. The learned Public Prosecutor would submit that 1st accused has been granted anticipatory bail as per order of this Court in B.A No.5482 of 2014 dated 25.07.2014 and that investigation is almost over in this case and in case this Court is inclined to grant anticipatory bail to the petitioner herein, necessary safeguards may be imposed so as to protect the bonafide interest of the prosecution.
4. Having heard the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and taking into account the totality of the facts and circumstances emerging in this matter, this Court is inclined to exercise the discretion for grant of anticipatory bail to the petitioner but, subject to strict conditions so as to protect the bonafide interest of the prosecution.
Accordingly, it is ordered that in the event of the arrest of the petitioner in connection with Crime No.2609 of 2014 of Aluva East Police Station, Ernakulam district, he shall be released on bail on his executing a bond for `35,000/- (Rupees Thirty Five Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer in the aforementioned crime, and subject to the following conditions:
i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate concerned within three days from the execution of the bail bond before the Investigating Officer and if he is not a holder of passport, he shall file an affidavit to that effect in the said court. If the petitioner requires his passport in connection with his travel abroad, then he shall approach the court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v State of Kerala, (2009(2) KLT 712), notwithstanding the aforementioned conditions imposed by this Court.
ii) The petitioner shall report before the Investigating Officer in Crime No.2609 of 2014 of Aluva East Police Station, Ernakulam district between 10 a.m and 11 a.m on every alternate Sundays till such period as may be required by the Investigating Officer.
iii) The petitioner shall not involve in any criminal offence of similar nature.
iv) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
v) The petitioner shall fully co-operate with the investigation and report before the Investigating Officer as and when required by him.
If there is any violation of any of the aforementioned conditions, the bail granted to the petitioner is liable to be cancelled.
ALEXANDER THOMAS, JUDGE.
vdv