IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Bail Appl..No. 7380 of 2008() ----------------------------- CMP.4274/2008 of J.M.F.C.,MATTANNUR CRIME NO. 153/2008 OF ARALAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- NASAR @ KUNJUMON, AGED 36 YEARS, KANDANKULANGARAVELI, VALANJAVAZHY, AMBALAPPUZHA. BY ADV. SRI.E.RAFEEK SRI.GOKUL DAS V.V.H. RESPONDENT(S): COUNTER PETITIONER --------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7380 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December,2008 O R D E R Petition for bail. 2. The alleged offence is under section 25(1)(b) of the Arms Act. According to prosecution, accused 1 and 2 were arrested under suspicious circumstances and on questioning, they revealed that 3rd accused who is residing in the same house has concealed an unlicensed revolver and on searching the house, the said article was seized. Petitioner was arrayed as 3rd accused. On questioning him, it is revealed that he purchased the same from a person in Utter Pradesh. 3. Petitioner was arrested on 14-11-2008 and he is in custody since then. Learned counsel for petitioner submitted that the house from where the contraband article was seized does not belong to petitioner. He is not taken in possession of the same. The house is rented out to accused 1 and 2. At the time of seizure petitioner was not present in the house. 4. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. BA 7380/08 -2- 6. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.