IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 4912 of 2009 CRIME NO.1157 OF 2009 OF HILL PALACE POLICE STATION, ERNAKULAM PETITIONER/6TH 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. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4912 OF 2009 ------------------------------------------------------ Dated this the 10th 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 sixth accused in Crime No.1157 of 2009 of Hill Palace Police Station. (now Crime No.1039 of 2009 of Kadavanthra Police Station after the case is transferred to Kadavanthra Police Station.) 2. The offences alleged against the petitioner are under Sections 450, 395 and 399 of the Indian Penal Code. 3. The petitioner is a blacksmith. The allegation against him is that he supplied arms to the other accused persons for commission of the offence. The petitioner was arrested on 31.7.2009 and he is in judicial custody. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. B.A. NO. 4912 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Ernakulam, 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, 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 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. The petitioner shall be released from jail only if his detention is not required in any other case. (K.T.SANKARAN) Judge ahz/