IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6777 of 2007()
1. SHAHIN, AGED 18 YEARS,
... Petitioner
2. MANIKANDAN, AGED 23 YEARS,
3. BINU, AGED 23 YEARS, S/O.BALAN,
4. VINOD KUMAR, AGED 28 YEARS,
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
2. THE STATE OF KERALA, REPRESENTED
For Petitioner :SRI.H.BADARUDDIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :07/11/2007
O R D E R
R.BASANT, J
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B.A.Nos.6777 and 6800 of 2007
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Dated this the 7th day of November, 2007
ORDER
These applications are for regular bail. The petitioners are
accused 1, 3, 4, 6, 8 & 9. They face allegations under Section 399
I.P.C and Section 27 of the Arms Act. All the other petitioners except
accused No.9, were arrested on 27.09.07. The 9th accused was
arrested on 29.9.07. They continue in custody from that date.
Another co-accused, ie. the 5th accused was released on bail subject to
conditions by order dated 6.11.07 in B.A.No.6664 of 2007
notwithstanding the opposition of the learned Public Prosecutor . The
petitioners pray that the petitioners may also now be granted regular
bail subject to appropriate conditions.
2. The learned Public Prosecutor opposes the application in
so far as it relates to the other accused. So far as the 9th accused is
concerned, for whom, there is no history of any criminal antecedents,
the learned Public Prosecutor only submits that appropriate
conditions may be imposed. The allegation against him is only that he
along with the 10th accused had furnished the weapons in question to
the other accused. In so far as accused 1, 3, 4, 6 & 8 are concerned,
the learned Public Prosecutor opposes the application vehemently on
the ground that they are involved in many other cases. Their criminal
antecedents may not be lost sight of. They may not be enlarged on
B.A.Nos.6777 and 6800 of 2007 2
bail at this early stage of investigation. Investigators in a serious
crime like this may be granted reasonable time to complete the
investigation, submits the learned Public Prosecutor .
3. Having considered all the relevant inputs, I find merit in
the opposition by the learned Public Prosecutor . Allegations are
serious. The criminal antecedents of the petitioners cannot be
ignored. The crux of the allegations against them in the present crime
is that the police party on receipt of prior information went to the
house of the 1st accused. Accused 1 to 8 were found present in the
premises. They were taken into custody. There were 7 swords and
knives in the house in question. It is in these circumstances that they
were arrested and allegations under Section 399 I.P.C and Section 27
of the Arms Act were raised against them.
4. I find merit in the opposition by the learned Public
Prosecutor . So far as the 9th accused is concerned, I am satisfied that
bail can be granted to him subject to identical conditions as were
imposed on the 5th accused.
5. In the result:
1) B.A.No.6777 of 2007 is dismissed. The petitioners, whose
bail applications are hereby rejected, shall be at liberty to move this
Court for bail again at a later stage of the investigation not at any rate
prior to 21.11.07.
B.A.Nos.6777 and 6800 of 2007 3
2) B.A.No.6800 of 2007 is allowed in part. The 9th accused
shall be released on bail on the following terms and conditions.
i) The 2nd petitioner/9th accused shall not be released on the
strength of this order prior to 16.11.2007. The Investigators shall in
the meantime make every endeavour to complete the investigation.
ii) The 2nd petitioner/9th accused shall execute a bond for
Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each
for the like sum to the satisfaction of the learned Magistrate;
iii) The 2nd petitioner/9th accused shall make himself available
for interrogation before the Investigating Officer between 10 a.m and
12 noon on all Mondays and Fridays for a period of 2 months from the
date of his release and thereafter as and when directed by the
Investigating Officer in writing to do so;
iv) During the said period of two months, the 2nd petitioner/9th
accused shall not leave the jurisdiction of Walayar Police Station. He
shall keep the Investigating Officer informed of the address of his
place of residence and change in address, if any.
(R.BASANT, JUDGE)
rtr/-