IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Bail Appl..No. 2146 of 2010() ----------------------------- (CRIME NO.65/2009 OF MALAMPUZHA POLICE STATION, PALAKKAD DISTRICT) PETITIONERS/ACCUSED --------------------------------------- 1. RAJAPPAN @ BABY, AGED 46 YEARS, S/O.ARULAPPAN, PALLIKKUNNEL, MALAMPUZHA, PALAKKAD DISTRICT. 2. DEVADAS, AGED 24 YEARS, S/O.KUTTAPPAN, PALAKKAYAM.P.O, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MALAMPUZHA POLICE STATION, PALAKKAD DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2146 OF 2010 -------------------------------- Dated this the 29th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Section 3 r/w 25(i) (1-B) (b) of Arms Act and Section 5 r/w 9(N) (b) of Explosive Act. According to prosecution on 04/04/2009, forest officials conducted a search in a building situated in a plantation and they found the dead body of a mouse deer, meat of sambar deer and 70 gms of gun powder and some metal balls which can be used as pellets. Those were also seized from the place. Three persons were found running away from the place, but they could not be arrested. A case was registered by the forest officials against the Manager and owner of the estate. Persons who have escaped from the building are also stated to be accused in this case. Forest officials reported the matter to police and police registered a case under Section 3 r/w 25(i) (1-B) (b) of Arms Act and Section 5 r/w 9(N) (b) of Explosive Act in respect of same incident. It is alleged that three persons were found in possession of the contraband articles. Petitioners are accused numbers 2 and 3. First accused is the Superintendent of the plantation. B.A No.2146 OF 2010 2 3. Learned counsel for petitioner submitted that there is nothing on record to show that the petitioners were identified as offenders. According to prosecution, they ran away when the forest officials came there and the incident happened in the night. Petitioners are implicated by some mistake, it is submitted. According to petitioners, they have absolutely no connection with the articles seized. 4. Learned Public Prosecutor submitted that petitioners are second and third accused and they were allegedly in possession of the contraband articles seized. They are the persons who ran away from the building when the forest officials went there. First accused was arrested and he was questioned Petitioners are workers in the plantation. 5. On hearing both sides and on going through the Case Diary, particularly, the statement of first accused, I find that anticipatory bail can be granted to petitioners. Hence, the following order is passed. (1) Petitioners shall surrender before the Magistrate Court concerned within seven days from today. (2) On such surrender, in the event of arrest, petitioners shall be released on bail on their B.A No.2146 OF 2010 3 executing a bond for Rs.10,000/- (Rupees ten thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with investigation. (ii) In case, petitioners are involved in any similar offence, bail is liable to be cancelled. Petition is allowed. K.HEMA JUDGE vdv