IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3935 of 2009 CRIME NO.403 OF 2009 OF CHANGANASSERY POLICE STATION CRMP.2790/2009 of J.M.F.C.- I,CHANGANACHERRY PETITIONER/ACCUSED NO.4: ------------------------------------------ ANU RAMESH,AGED 24,S/O.REMESAN, MADATHIPARAMBIL HOUSE,NALKAVALA EAST, KOLLADU KARA,PANACHIKKADU,KOTTAYAM. BY ADV. SRI.S.SUDHISH KUMAR RESPONDENT: --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3935 OF 2009 ------------------------------------------------------ Dated this the 20th July, 2009 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.4 in Crime No.403 of 2009 of Changanassery Police Station. 2. The offences alleged against the petitioner is under Section 399 of the Indian Penal Code and Sections 20 and 27 of the Arms Act. 3. The prosecution case is that on 16.6.2009, while the Sub Inspector of Police and party were on patrol duty, at 1 AM, they saw a Safari car, bearing Registration No.KL32-3636, parked by the side of the road. On suspicion, a search of the vehicle was made. The accused persons were found inside the vehicle. Weapons like spring stick, iron rods, iron pipes and certain other articles like pepper spray and chilly powder were found stored in the vehicle. The petitioner was arrested and he is in judicial custody. 4. Learned Public Prosecutor submitted that the first accused is a notorious criminal, who is involved in several other cases. It is stated that the petitioner/fourth accused is not seen reportedly involved in any other case. B.A. NO. 3935 OF 2009 :: 2 :: 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. 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–I, Changanassery, 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 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 ahz/