IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 4956 of 2009() -------------------------------------- CRIME NO.1134/2009 OF KALAMASSERY POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED 1,3,4 & 7: ------------------------------------------------- 1. ARUN GOPAN,S/O. GOPAKUAMR, MANNATHUR HOUSE,KUMARANALLUR, PERUMBAIKKADU, KOTTAYAM. 2. SREEJITH,S/O.SREEDHARAN, SIVASAKTHI HOUSE, AYMANAM, KOTTAYAM. 3. BINU,S/O.VIJAYAKUMAR, MALIYIL HOUSE, AYMANAM,KOTTAYAM. 4. SARATHKUMAR,S/O.OF PARAMESWARAN NAIR, SAYOOJYA HOUSE, AYMANAM,KOTTAYAM. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.S.SIDHAN RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2009 ALONG WITH BA NO. 4958 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 4956 & 4958 of 2009 ---------------------------------------- Dated this the 9th day of September, 2009 O R D E R These Bail Applications are filed under Section 439 of the Code of Criminal Procedure. Bail Application No.4956/2009 is filed by accused Nos.1,3, 4 and 7, while Bail Application No.4958/2009 is filed by accused No.2. 2. The offences alleged against the petitioners are under Sections 399 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is that on 28/7/2009 at 1.30 A.M., the vehicle in which the accused persons were travelling was intercepted by the police. Two sword sticks, Chilly Powder, Iron pipes and gloves were recovered from the vehicle. The petitioners were arrested on 28/7/2009 and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that accused Nos.2 and 5 are habitual offenders and they are involved in theft cases. 5. Taking into account the facts and circumstances of the B.A. Nos. 4956 & 4958/2009 2 case, the duration of the judicial custody undergone by the accused, I am inclined to grant bail to accused Nos.1,3,4 and 7. The second accused being a person involved in several other cases, I am not inclined to grant bail to him. The investigation of the case is not completed. 6. Accordingly B.A.No.4956/2009 is allowed and B.A. No.4958/2009 is dismissed. The petitioners in B.A No.4956/2009 shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Aluva subject to the following conditions:- A) The petitioners in B.A No.4956 of 2009 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 petitioners B.A No.4956 of 2009 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 B.A. Nos. 4956 & 4958/2009 3 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 scm