NAJUMUDHEEN N K Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is a petition for regular bail filed by the 1st accused in Crime No. 110/2009 of Payyoli Police Station alleging commission of offence punishable under sections 366 and 376 read with section 34 IPC. The petitioner was taken into custody on 19. 3. 2009 and since then he has been under judicial custody. The case of the prosecution is that on 18. 3. 2009, the daughter of one Abdul Rehman was found missing and the enquiry revealed that the 1st accused gave a lift on the pillion of the motor cycle bearing registration No. KL. 56a/1545. Subsequently, the girl was taken into custody on 21. 3. 2009 from Vadakara railway station. When produced before the Judicial First Class Magistrate, Payyoli, she gave Annexure-II statement to the effect that she went to mangalore along with one Kunji Moosa and she stayed in a lodge on her free will. The 1st accused was taken into custody on 19. 3. 2009 whilst the 2nd accused is yet to be taken into custody. On that sole reason, the prosecution now opposes the enlargement of bail of the 1st accused.

(2.) CONSIDERING the totality of circumstances and the nature of allegations levelled against the 1st accused, I think he can be enlarged on bail considering the fact that he has been under judicial custody since 19. 3. 2009 and that there is no specific allegation, as of now, against him under section 376 IPC.

(3.) THEREFORE, the bail application is allowed on the following conditions: