IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Bail Appl..No. 5330 of 2011() ----------------------------- AGAINST THE ORDER DATED 28/06/2011 IN ORDER IN CMP.NO.869/2011 of J.M.F.C.-I, ALUVA CRIME NO.1740/2011 OF ALUVA POLICE STATION .................... PETITIONERS: ACCUSED : ---------------------- 1. RINILAL,S/O.RUVOSAN,THATTAKATTU HOUSE, THOPILKAMBIVELIKKAKATHU,MANNAM, N.PARAVUR 2. AJAYAN,S/O.VIJAYAN,KORIKKAPADOM HOUSE, MANNAM .N.PARAVUR 3. JAFAR, S/O.KUNJUMOHAMMED, MADARIPPARAMBU HOUSE, MANNAM .N.PARAVUR 4. ANEESH, S/O.VELAYUDHAN, ELAKKUDIPARAMBIL HOUSE, N.PARAVUR 5. UNNI.S/O.CHANDRAN, THOPPILKAMBIVELIKKAKATHU COLONY MANNAM, N.PARAVUR 6. SREERAJ.,S/O.VASUDEVAN, NIKATHIL HOUSE, MANNAM,N.PARAVUR 7. SUJESH ,S/O.VASUDEVAN, NIKATHIL HOUSE, MANNAM N.PARAVUR 8. RENI,S/O.MAHESAN, THATTAKKATTU HOUSE,MANNAM N.PARAVUR BY ADV. SRI.MANSOOR.B.H. B.A.No.5330/2011 RESPONDENT: --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING STATION HOUSE OFFICER, ALUVA POLICE STATION, ERANKULAM DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5330 of 2011 ---------------------------------------------- Dated this the 08th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 3, 4 to 6 & 8 to 10 in Crime No.1740 of 2011 of the Aluva Police Station. 2. The offence alleged against the petitioners is under Section 25 of the Arms Act. 3. The prosecution case is that on 26/06/2011 the Sub Inspector of Police got information that certain persons were restrained by the local people. On reaching the spot, the police party found that 12 persons were restrained by the local people. These 12 persons had come in an autorikshaw. On inspection, 2 swords and an iron rod were seized. The accused persons were arrested on the spot. They were remanded to judicial custody. 4. The learned counsel for the petitioners submitted that accused Nos.2, 7 & 11 were granted bail by the learned Magistrate and accused No.12 was granted bail by the learned Sessions Judge. Bail Appln.No.5330/2011 : 2 : 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Aluva, subject to the following conditions: A) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.5330/2011 : 3 : 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 skj