IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Bail Appl..No. 123 of 2010() ---------------------------- CRIME NO.641 OF 2009 OF PANANGAD POLICE STATION, ERNAKULAM PETITIONER: ACCUSED NO.8: ------------------------------ MOHANAN, AGED 50 YEARS THEKKEKOCHUVIRIPIL, MARIKA, KOOTHATTUKULAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 123 OF 2010 ------------------------------------------------------ Dated this the 13th day of January, 2010 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.8 in Crime No.641 of 2009 of Panangad Police Station. 2. The offences alleged against the petitioner are under Section 395 of the Indian Penal Code and Sections 3, 5, 7, 25(1) (a), 25AA, 25(1)(B)(a)(c) of the Arms Act. 3. The date of occurrence was on 27.5.2009. The petitioner was arrested on 7.12.2009. 4. The prosecution case is that accused Nos.1 to 6 entered into a petrol bunk and robbed Rs.38,500/- from the cash box. It is alleged that the first accused was possessing a country made gun. The allegation against the petitioner is that he had manufactured the country gun. It is also stated that the petitioner is involved in two other cases of similar nature. B.A. NO. 123 OF 2010 :: 2 :: 5. The learned counsel for the petitioner submitted that accused Nos.1 to 5 and 7 were released on bail as per the order passed by the learned Sessions Judge. The learned Public Prosecutor submitted that this submission is correct. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, 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 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; B.A. NO. 123 OF 2010 :: 3 :: 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/