IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 5387 of 2009() ----------------------------- CRIME NO.479/2009 OF KOOTHATTUKULAM POLICE STATION, ERNAKULAM .................... PETITIONER/ACCUSED: -------------------------------------- MOHANAN, AGED 50 YEARS, THEKKEKOCHUVIRIPIL, MARIKA, KOOTHATTUKULAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU SRI.NITHIN JACOB RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR,PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5387 of 2009 ------------------------------------ Dated this the 24th day of September, 2009 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 Crime No. 1159/2009 of Hill Place Police Station, which is now registered as Crime No.479/2009 of Koothattukulam Police Station. 2. The offences alleged against the petitioner are under Sections 3 and 5 read with Section 25(1)(a)(c) of the Arms Act. 3. The prosecution case is that on getting information that the petitioner is involved in the manufacture of gun and other arms used for committing offence by several other persons, a search was conducted at the residence of the petitioner. On such search, one country gun, two swords, two air guns, one air pistol, a double barrel gun and other accessories used for gun were recovered. The petitioner was arrested on 31/7/2009 in connection with Crime No.1157/2009 of Hill Palace Police Station. His formal arrest was recorded in the present case on 4/8/2009. 4. Bail Application No.4913/2009 filed by the petitioner B.A. No. 5387/ 2009 2 was dismissed by me by order dated 10/09/2009. The investigation has progressed much thereafter. 5. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Muvattupuzha subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while B.A. No. 5387/ 2009 3 on bail. E) 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 scm