IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5173 of 2011 CC.NO.128/2011 ON THE FILE OF THE COURT OF THE J.M.F.C.-II, ALUVA CRIME NO.690 OF 2011 OF ANGAMALY POLICE STATION. PETITIONER: ACCUSED: -------------------- VIPIN @ VISHNU, AGED 34 YEARS, S/O.BALAKRISHNAN, PANACHIKAL HOUSE, AZHAKAM, MOOKANNUR. BY ADV. SRI..JOHN SEBASTIAN RALPH RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP BY SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION IN CR.NO.690/2011 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5173 OF 2011 ------------------------------------------------------ Dated this the 4th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.C.No.128 of 2011, on the file of the Court of the Judicial Magistrate of the First Class II, Aluva (Crime No.690 of 2011 of Angamaly Police Station). 2. The offences alleged against the petitioner are under Sections 506(ii) of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 8.5.2011. The petitioner was arrested on 8.5.2011 itself and he was remanded to judicial custody. After completing the investigation, final report was filed in the case and the case was numbered as C.C.No.128 of 2011, on the file of the Court of the Judicial Magistrate of the First Class II, Aluva. The learned Public Prosecutor submitted that the petitioner is involved in eleven cases, in one of which, the offence alleged is B.A. NO. 5173 OF 2011 :: 2 :: under Section 302 of the Indian Penal Code. The learned counsel for the petitioner submitted that in all other cases bail was granted to the petitioner. The learned counsel for the petitioner also submitted that the area in question being not a notified area, the offence under Section 27 of the Arms Act is not made out. It is not necessary to consider that contention while disposing of this Bail Application. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and that the charge was laid, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Aluva, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Angamaly Police Station, between 9 A.M. and 11 A.M., on all Mondays until further orders. b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. NO. 5173 OF 2011 :: 3 :: c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/