IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 4177 of 2009() -------------------------------------- CRIME NO. 120/2007 OF NEMOM POLICE STATION .................... PETITIONER/3RD ACCUSED: ------------------------------------------ SURESH, S/O. RAVEENDRAN NAIR, TC 64/1490, KIZHAKKEKARIYA H, MARUKULADICHA MANGALAM, NEMOM, THIRUVANANTHAPURAM. BY ADVS. SRI. SUMAN CHAKRAVARTHY & SRI. SURESH WILFRED RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4177 of 2009 ------------------------------------ Dated this the 11th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No. 3 in Crime No.120/2007 of Nemom Police Station. 2. The offences alleged against the petitioner and others are under Sections 468 and 471 read with Section 34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 4 and 5 of Explosive Substances Act. 3. The prosecution case is the following: The Circle Inspector of Police, Nemom got a secret information that the accused in a murder case along with others were roaming around in a Maruti Alto Car. The Circle Inspector, along with the police party, intercepted the vehicle. There were four persons inside the car. Two persons who were sitting in the rear seat, ran away. The police arrested the driver of the vehicle as well as the person who was sitting in the front seat. They are accused Nos. 1 and 2. It is stated in the F. I. B.A. No. 4177 of 2009 2 Statement that the persons who ran away are “ Pavadakuttan” and his friend. It is submitted by the learned Public Prosecutor that the petitioner is none other than “Pavadakuttan”. 4. On a search of the vehicle, 5 explosive substances and two choppers were found. 5. The investigation is in progress. The petitioner apprehends arrest. 6. Accused No.1 is involved in a murder case. The learned Public Prosecutor submits that second accused is involved in several other offences. Explosive Substances and arms were recovered from the vehicle in which the accused were travelling. Learned Public Prosecutor also submitted that later it was found that the vehicle is a stolen vehicle. 6. In the facts and circumstances mentioned above, I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln