Manju vs State Of Kerala

Bechu Kurian Thomas, J

This bail application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.880/2022 of Adoor Police Station. The offences alleged against the petitioner are under Sections 450, 368A of the Indian Penal Code, 1860 apart from Section 84 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

According to the prosecution, the accused with an intention of using child for begging kidnapped the son of defacto complainant, aged three years, on 16.06.2022 and thereby committed the offences alleged against him.

Sri.Sanil Kumar, learned Counsel for the petitioner contended that the entire allegations are false and that petitioner though hailing from Tamilnadu, is even willing to produce local sureties and is also willing to abide by any condition that may be imposed.

Smt.M.K.Pushpalatha, learned Public Prosecutor, on the other hand opposed the grant of bail and contended that the allegations against the petitioner is extremely serious and that, had not been for the timely intervention of the defacto complainant, the child would have been practically lost forever. It was also submitted that final report was filed on 28.07.2022.

I have considered the rival contentions.

The allegation of the petitioner is extremely serious. A woman who had allegedly come for begging, kidnapped the son of the defacto complainant on her way back. Fortunately the defacto complainant noticed the missing of the child and after intercepting the petitioner, saved the child.

Despite the ill-effects of begging known to all, nothing is being done to prevent such activities. Few of those indulging in begging resort to even kidnapping of young children. Once kidnapped, most often, it is practically impossible to trace out the children. Time has come for the State and its instrumentalities to respond to prevent the nefarious activities and initiate appropriate measures.

Be that as it may, the liberty of an individual can be deprived only by the procedure established by law, and conviction is the procedure contemplated to deprive a person of his liberty, even when offence of kidnapping is alleged. Since the final report has already been filed, I am of the view that, petitioner ought to be released on bail, as she has been in custody since 16.06.2022. However, while releasing the petitioner on bail, strict conditions are required to be imposed.

Accordingly, I allow this application on the following conditions.

(a) Petitioner shall be released on bail on her executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. One surety shall be an immediate relative of the petitioner and the other surety shall be a local surety

b) Petitioner shall file an affidavit before the jurisdictional court-specifying the permanent and the local address as well as the telephone number, which shall continue to be used by the petitioner until conclusion of the trial.

(c) Petitioner shall co-operate with the trial of the case.

d) Petitioner shall not contact or interact, directly or indirectly with the victim or her mother or other immediate relatives.

(e) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she attempt to tamper with the evidence.

(f) Petitioner shall not commit any similar offences while she is on bail.

(f) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.