IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7204 of 2009() ----------------------------- CRIME NO.2330/2009 OF PERUMBAVOOR POLICE STATION .................... PETITIONER/1ST ACCUSED. ------------------------------------------- VIJAYAN, S/O.RAGHAVAN, VADAVALLIYANKAL, KARINILAM, MUNDAKAYAM, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): RESPONDENT/COMPLAINANT. -------------------------------------- THE SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7204 of 2009 --------------------------------------------- Dated this the 8th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.2330 of 2009 of Perumbavoor Police Station. 2. The offences alleged against the petitioner are under Section 420 read with Section 34 of the Indian Penal Code and Section 25 of the Arms Act. 3. The prosecution case is that on 27.10.2009, on a search made in a Maruti car in which the accused persons were travelling a sum of Rs.1.5 lakhs, various types of weapons, chilly powder and bundles of plain papers having the size of currency notes were found. The petitioner was arrested on 27.10.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was involved in Crime No.500 of 2008 of Mundakkayam Police Station in which the offence under Section 489B of the Indian Penal Code was alleged among other offences. It was alleged in that case that the petitioner was in possession of counterfeit currency notes of the denomination of BA No.7204/2009 2 rupees 100 and 500 and counterfeit coins of the denomination of rupees 5. The petitioner was granted bail in Crime No.500 of 2008 of Mundakkayam Police Station as per the order dated 19th February, 2009 in Bail Application No.778 of 2009. The allegation in the present case is that he committed the offence on 27.10.2009, that is when he was on bail in Crime No.500 of 2008 of Mundakkayam Police Station. One of the conditions of granting bail in Bail Application No.778 of 2009 was that the petitioner shall not commit any offence while on bail. It is clear that he has violated that condition. That is also a matter to be taken note of while considering the Bail Application in the present case. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also the fact that the investigation of the case is not over, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl