IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4955 of 2009() ----------------------------- CRIME NO.356 OF 2009 OF VATTIYOORKAVU POLICE STATION .................... PETITIONER/1ST ACCUSED ------------------------------------------ SUNIL KUMAR, S/O.SUKUMARAN NAIR, MELATHYKATTUVILA VEEDU, CHOOZHAMPALA, PULAMKONAM WARD, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM. BY ADV. SRI.SANTHAN V.NAIR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VATTIYORKKAVU POLICE STATION, VATTIYOORKKAVU, THIRUVANANTHAPURAM REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, ALONG WITH BA NO.4957 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------ B.A.Nos.4955 & 4957 of 2009 ------------------------------------------------- Dated this the 7th day of September, 2009 ORDER These Bail Applications are filed by accused Nos.1 and 2 respectively in Crime No.356 of 2009 of Vattiyoorkavu Police Station. 2. The offence alleged against the petitioners is under Section 27 of the Arms Act read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 19.7.2009, the petitioners were travelling in a Scorpio car. On search, two swords were found inside the car. The petitioners were arrested on 20.7.2009 and they were remanded to judicial custody. Charge was laid in the case on 22.8.2009 and now, it is pending as C.C.No.599 of 2009. 4. The Learned counsel for the petitioners submitted that the petitioners were arrested from Palakkad on 13.7.2009 and they were not produced before the nearest Magistrate within 24 hours. The father of the second accused filed a Habeas Corpus Petition before the High Court. It is submitted BA No.4955 & 4957/2009 2 that at that time a case was foisted against the petitioners. It is submitted that there is no material to connect the petitioners with the crime and that the petitioners are not involved in the offence as alleged by the prosecution. 5. The learned Public Prosecutor submitted that the petitioners are involved in several other cases. The learned Public Prosecutor on written instructions submits that the first accused is involved in two other cases and the second accused is involved in eight other cases including a murder case. It is submitted by the learned Public Prosecutor that the petitioners are the members of the gang of a notorious criminal Krishnakumar @ Ambalamukku Krishnakumar. 6. It is true that there is an allegation that the first accused is involved in two cases and the second accused is involved in eight cases. The offence alleged in the present case is that the petitioners were found in possession of arms in a Scorpio car. 7. Taking into account the fact that a Habeas Corpus Petition was filed, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the fact that the BA No.4955 & 4957/2009 3 charge was laid in the case, I am of the view that bail can be granted to the petitioners on stringent conditions. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Nedumangad, subject to the following conditions: a) The petitioners shall report before the Station House Officer, Vattiyoorkavu between 9 A.M. and 11 A.M. on every Monday, Wednesday and Friday until further orders; b) The petitioners shall not leave the limits of Vattiyoorkavu Police Station without prior permission from the Magistrate concerned until further orders ; 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; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. K.T.SANKARAN, JUDGE csl