High Court Kerala High Court

Vijayan vs State Of Kerala on 25 February, 2010

Kerala High Court
Vijayan vs State Of Kerala on 25 February, 2010
       

  

  

 
 
  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
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