IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Bail Appl..No. 6466 of 2011 CRMP.2391/2011 of DISTRICT COURT, PALAKKAD CRMP.4529/2011 of J.M.F.C.,CHITTUR CRIME NO.204 OF 2011 OF KOLLENGODE POLICE STATION, PALAKKAD. PETITIONER: ACCUSED NO.1 -------------------- S.ANEESH, AGED 21YEARS, S/O.SWAMINATHAN, PATTATHALACHI, VADAVANNUR POST, CHITTUR TALUK, PALAKKAD DISTRICT BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, KOLLENGODE POLICE STATIN, PALAKKAD DISTRICT REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6466 OF 2011 ------------------------------------------------------ Dated this the 12th day of August, 2011 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.1 in Crime No.204 of 2011 of Kollengode Police Station, Palakkad District. 2. The offence alleged against the accused is under Sections 5 and 27 of the Arms Act. 3. The prosecution case is the following: On 18.7.2011 at 7 P.M., a Maruti car dashed against an electric post. People assembled there. At that time, accused Nos.2 to 5, who were in the car, escaped from the scene. On search of the vehicle, two swords were found inside the car. Accused No.1, who was in the car, was arrested on the spot. The petitioner was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the BAIL APPL. NO.6466 OF 2011 :: 2 :: petitioner was kidnapped by the other accused and the car hit against the electric post when the petitioner tried to escape from the vehicle. 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. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chittur, 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, 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; BAIL APPL. NO.6466 OF 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 ahz/