IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 5483 of 2009() ---------------------------------------- CRIME NO.643/2009 OF VIZHINJAM POLICE STATION .................... PETITIONERS/ACCUSED : -------------------------------- 1. AJU, AGED 39, S/O.NADESHAN, PNGUVILA VEEDU, VENGANOOR, VENGANOOR P.O. 2. SATHYAN, AGED 36, S/O.SREEDHARAN, RESHMA BHAVAN, VENNIYOOR, NELLIMOODU P.O., NEYYATTINKARA TALUK. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER RESPONDENT/COMPLAINANT: ------------------------------------------------ THE SUB-INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5483 of 2009 ------------------------------------ Dated this the 30th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.3 and 4 in Crime No.643/2009 of Vizhinjam Police Station. 2. The offences alleged against the petitioners are under Section 3 read with Section 25(1)(a) of the Arms Act and Sections 52(A) and 109 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The police got information that one Kumar was making attempt to commit suicide since his wife started residing with the first accused, namely, Prakash, in a rented house. Kumar went to that house and requested for returning certain documents. The second accused, Saji Devi, who is the wife of Kumar, said that no document was with her. The children of Kumar said that the documents are kept in the almirah. Kumar inspected the almirah. At that time he found a country made B.A. No. 5483/ 2009 2 revolver kept concealed in the almirah. The police was informed. They conducted a search. The first accused is Prakash. Saji Devi is the second accused. The petitioners herein are also the persons involved in the offence, according to the prosecution. It is alleged that accused Nos. 1, 3 and 4 together took the house on rent from the landlord. It is also alleged that the 4th accused has harboured the second accused. 4. It is submitted by the learned Public Prosecutor that the 3rd accused is involved in three other cases and the 4th accused is involved in another crime. 5. Taking into account the facts and circumstances of the case, the allegations levelled against the petitioner and other circumstances, I am of the view that the petitioners are 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 scm