IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Bail Appl..No. 880 of 2010() ---------------------------- CRIME NO.2330/2009 OF PERUMBAVOOR POLICE STATION .................... PETITIONER/ACCUSED NO.1: -------------------------------------------- VIJAYAN, AGED 48 YEARS, S/O.RAGHAVAN @ KUNJITTI, VARAVELIYANKAL HOUSE, KARINILAM, PULIKUNNU, MUNDAKAYAM, KANJIRAPPALLY, KOTTAYAM. BY ADV. SRI.V.A.NAVAS RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.880 of 2010 --------------------------------------------- Dated this the 25th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.2330 of 2009 of Perumbavoor Police Station. 2. The offences alleged against the petitioner are under Section 420 read with Section 34 of the Indian Penal Code and Section 25 of the Arms Act. 3. The prosecution case is that on 27.10.2009, on a search made in a Maruti car in which the accused persons were travelling a sum of Rs.1.5 lakhs, various types of weapons, chilly powder and bundles of plain papers having the size of currency notes were found. The petitioner was arrested on 27.10.2009 and he was remanded to judicial custody. 4. The petitioner and the three other accused filed Bail Application No.6562 of 2009. That application was disposed of by the order dated 16th November, 2009. Bail was granted to accused Nos.2 and 4. However, the request for granting bail to the petitioner was rejected. BA No.880/2010 2 5. It is submitted that after completing the investigation, charge was laid. 6. 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 the fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Perumbvaoor, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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 csl