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ANISH, AGED 26, S/O.K.K.MANI v. STATE OF KERALA, REPRESENTED BY THE - Bail Appl No. 3895 of 2007  RD-KL 11442 (28 June 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 3895 of 2007()
1. ANISH, AGED 26, S/O.K.K.MANI,
2. MADHU @ MADHUSOODANAN, AGED 28,
1. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.C.P.UDAYABHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, JB.A.No.3895 of 2007
Dated this the 28th day of June, 2007
ORDERApplication for regular bail. The petitioners are accused 1 and
2. They face allegations under the Arms Act. It is alleged that accused 1 and 2 along with accused No.3 were found present with an unlicensed fire arm in the possession of the 2nd accused. Accused No.3 is allegedly a criminal having a questionable past. The petitioners are also accused in an earlier offence under the Arms Act. On 03.06.2007, when the police party approached them, the 3rd accused took to his heels. Accused 1 and 2 were arrested. Seizure of the fire arm was effected. Investigation is in progress. An earlier application for regular bail filed by the petitioners was dismissed by this Court. The petitioners repeat the prayer for grant of regular bail.
2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the accused persons have questionable antecedents. Why they were dealing with the weapon has not been ascertained so far. Considering the criminal past of the 3rd accused, a thorough investigation has to be conducted and the police may be given some further time to complete the investigation. Petitioners may not be released on bail at this stage, submits the learned Public Prosecutor .
3. I have considered all the relevant inputs. While I find merit in the submission of the learned Public Prosecutor that the B.A.No.3895 of 2007 2 Investigators are entitled for further time, I am not persuaded to agree that on the allegations presently raised petitioners deserve to continue in custody endlessly to facilitate such completion of investigation. I am satisfied, that bail can be granted to the petitioners subject to appropriate conditions, which shall ensure the interests of a proper and efficient investigation.
4. In the result, this application is allowed. The petitioners
shall be released on bail on the
following terms and conditions.
i) The petitioners shall not be released on the strength of this order prior to 09.07.2007. The police shall in the meantime make every endeavour to complete the investigation; ii) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees One Lakh only)each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; iii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays until further orders; iv) The petitioners after their release shall not leave the jurisdiction of Wadakkanchery Police Station until further orders without the prior permission of the learned Magistrate.
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