IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 Bail Appl..No. 1897 of 2009() ------------------------------------------- (CRIME NO.29/2009 OF THE BEDAKAM POLICE STATION) PETITIONER/ACCUSED NO.5: ------------------------------------------- A.BALAKRISHNAN NAIR, S/O. K.MALINGU NAIR, KUNNUMMAL HOUSE, MUNNAD VILLAGE, VATTAMTHATTA POST, KASARAGOD. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, BEDAKAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P. BHAVADASAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A.No. 1897 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of April, 2009 O R D E R This is a petition filed under Section 438 of Criminal Procedure Code . 2. Petitioner is 5th accused in Crime No. 29/2009 of the Bedakam Police Station for an offence punishable under Section 3 read with section 25(1)(a)(b) of the Arms Act. 3. Petitioner has been made an accused on the allegation that he is the licensee of the gun which was involved in the offences. Considering the facts and circumstances of the case, it is felt that relief can be granted to the petitioner in this petition. 4. The application is allowed as follows: 1) Petitioner shall surrender before the Magistrate Court concerned within two weeks from today and move application for regular bail, which the learned Magistrate may dispose of in accordance with law. 2) If, in the meanwhile, petitioner is sought to be arrested, he shall be released on bail on BA 1897/09 -2- his executing a bond for a sum of Rs.10,000/- with two solvent sureties each for the like sum to the satisfaction of the investigating officer. 3) Petitioner shall make himself available for interrogation as and when required by the investigating officer. 4) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P.BHAVADASAN, JUDGE. mn.