IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Bail Appl..No. 5519 of 2008() ----------------------------- CRMP.1376/2008 of ADDL.DISTRICT COURT-I,MAVELIKKARA CRIME NO.415/08 OF KAYAMKULAM POLICE STATION PETITIONERS : ACCUSED 1 & 2: ------------------------------- 1. SABU, AGED 25 YEARS, S/O.ABDUL RAHIM, CHERAVALLY MURI, KAYAMKULAM. 2. AFSAR, AGED 29 YEARS, KALEEKAL KIZHAKKATHIL VEEDU, PERINGALA, KAYAMKULAM. BY ADV. SRI.VINCENT JOSEPH RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, KAYAMKULAM, THROUGH BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5519 of 2008 ----------------------------------------- Dated this the 17th September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 324, 294(b) and 34 of Indian Penal Code read with 7(b) and 27(4) of the Arms Act. According to prosecution, petitioners allegedly committed the above offences and a sword stick was also used in the offence. Petitioners are accused 1 and 2. 3. Learned counsel for petitioners submitted that the sword stick will not come under Section 27 of the Arms Act and hence, the petitioner may be granted anticipatory bail, since the only non-bailable offence involved in this case is under the Arms Act. 4. This petition is opposed. Learned Public Prosecutor submitted that weapons are to be seized and sword stick is a weapon coming under the Arms Act, as per the notification. BA.5519/08 2 5. On hearing both sides, in the nature of the allegations made and the nature of investigation required, I do not think it fit to grant anticipatory bail to the petitioners. Petition is dismissed. K.HEMA, JUDGE vgs.