IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 4913 of 2009 CRIME NO.1159 OF 2009 OF HILL PALACE POLICE STATION PETITIONER/6TH ACCUSED ------------------------------------------ MOHANAN, AGED 50 YEARS, THEKKEKOCHUVIRIPIL, MARIKA, KOOTHATTUKULAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU SRI.NITHIN JACOB RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4913 OF 2009 ------------------------------------------------------ Dated this the 10th 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 of 2009 of Hill Palace Police Station, which is now registered as Crime No.479 of 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, two barrels of gun and other accessories used for gun were recovered. The petitioner was arrested on 31.7.2009 in connection with Crime No.1157 of 2009 of Hill Palace Police Station. His formal arrest was recorded in the present case on 4.8.2009. B.A. NO. 4913 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence alleged against the petitioner and the nature of weapons which the petitioner is alleged to have manufactured, I am of the view that it is not safe to release the petitioner on bail at this stage. If he is released on bail, there is every likelihood of the petitioner indulging in similar criminal activities. It is also likely that he may make himself scarce. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/