IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5387 of 2009()
1. MOHANAN, AGED 50 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :24/09/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5387 of 2009
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Dated this the 24th day of September, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the accused in
Crime No. 1159/2009 of Hill Place Police Station, which is now
registered as Crime No.479/2009 of Koothattukulam Police
Station.
2. The offences alleged against the petitioner are under
Sections 3 and 5 read with Section 25(1)(a)(c) of the Arms Act.
3. The prosecution case is that on getting information that
the petitioner is involved in the manufacture of gun and other
arms used for committing offence by several other persons, a
search was conducted at the residence of the petitioner. On such
search, one country gun, two swords, two air guns, one air pistol,
a double barrel gun and other accessories used for gun were
recovered. The petitioner was arrested on 31/7/2009 in
connection with Crime No.1157/2009 of Hill Palace Police Station.
His formal arrest was recorded in the present case on 4/8/2009.
4. Bail Application No.4913/2009 filed by the petitioner
B.A. No. 5387/ 2009
2
was dismissed by me by order dated 10/09/2009. The
investigation has progressed much thereafter.
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 on stringent conditions.
6. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class, Muvattupuzha 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 and Thursdays, 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
B.A. No. 5387/ 2009
3
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