IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 880 of 2010()
1. VIJAYAN, AGED 48 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.V.A.NAVAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/02/2010
O R D E R
K.T.SANKARAN, J.
---------------------------------------------
B.A.No.880 of 2010
---------------------------------------------
Dated this the 25th day of February, 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.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 petitioner and the three other accused filed Bail
Application No.6562 of 2009. That application was disposed of
by the order dated 16th November, 2009. Bail was granted to
accused Nos.2 and 4. However, the request for granting bail to
the petitioner was rejected.
BA No.880/2010 2
5. It is submitted that after completing the investigation,
charge was laid.
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 fact that charge was
laid in the case, I am of the view that bail can be granted to the
petitioner.
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 Judicial Magistrate of the First
Class, Perumbvaoor, subject to the following conditions:
a) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
b) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
c) 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
csl