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Judgment
V.G.Arun, J
This Criminal Appeal is filed by the sole accused in Crime No.168 of 2023 of Thidanadu Police Station for the offences punishable under Section 363 of the I.P.C. and Section 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The prosecution allegation is that, on 10.02.2023, the petitioner kidnapped the daughter of the 2nd respondent, who belongs to a Scheduled Caste community and took her to Kozhikode. The petitioner was arrested on 13.02.2023 and is continuing in custody since then.
Learned Counsel for the petitioner contended that, the allegations are false and even if accepted, for the sake of argument, none of the alleged offences are attracted. Finally it is contended that there is absolutely no justification in the continued incarceration of the petitioner, particularly when the offences are bailable.
Learned Counsel for the 2nd respondent, mother of the victim girl, submitted that there is no objection in granting bail to the petitioner, but objected to the contentions on merits.
Heard, learned Public Prosecutor also.
Considering that the offences are bailable and no purpose will be served by continued custody of the petitioner in a case of this nature, I am inclined to allow the Criminal Appeal. Accordingly, the impugned order is set aside. The petitioner shall be released on bail, on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only), with two solvent sureties for the like amount, to the satisfaction of the court below.