Petition filed under Section 439 Cr.P.C.
2. Petitioner is the first accused in Crime No.1355/2014 of the North Police Station, Alappuzha registered for the offences punishable under Sections 366A of the Indian Penal Code and Section 7 read with Section 8 of Protection of Children from Sexual Offences Act, 2012.
3. The allegation against the petitioner is that he enticed the daughter of the defacto complainant, aged 16, and kidnapped the girl from the lawful guardianship of the defacto complainant on 17.11.2014 and took her to Delhi, and subjected her to sexual assault repeatedly. The petitioner and the girl were traced out from Hazzrat Nizzamudhin on 23.11.2014. The girl was released to the custody of the defacto complainant and the petitioner was placed under arrest. The arrest was recorded by the North Police Station, Alappuzha on 28.11.2014 and thereafter, he has been in custody.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5. No criminal antecedents have been reported against the petitioner. The contents of the CD reveal that the investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail on strict conditions.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court below, and subject to the following terms and conditions:-
(i) Except for observing condition No.(ii) below, the petitioner shall not enter the local limits of the North Police Station, Alappuzha for a period of six months from today.
(ii) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays commencing from 23.12.2014 for a period of six months.
(iii) The petitioner shall neither contact the girl or her family members nor shall make any attempt for the same, either directly or indirectly.
(iv) The petitioner shall not tamper with the evidence or influence witnesses.
(v) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(vi) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- B.KEMAL PASHA, JUDGE ul/-
[True copy] P.S. to Judge