IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Bail Appl..No. 5309 of 2011() ----------------------------- CRIME NO.175/2011 OF POTHENCODE POLICE STATION .................... PETITIONER/7TH ACCUSED ------------------------------------------ RAJESH, AGED 28, S/O.REGHUVARAN, RESIDING AT RETNA BHAVAN, ADAKONATHUVILA, NANNATTUKAVU, POTHENCODE.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT ----------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYASURYA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No5309 of 2011 --------------------------- Dated this the 8th day of July, 2011 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.7 in Crime No.175 of 2011 of Pothencode Police Station. 2. The offence alleged against the petitioner is under Section 27 of the Arms Act. 3. The prosecution case is that the accused persons armed with swords and choppers terrorised the people at Nannattukavu Junction, Thiruvananthapuram at 9 P.M. on 29.3.2011. Except the petitioner and some others, the accused persons were arrested on the spot. It is stated that the petitioner escaped. 4. The petitioner apprehends arrest and therefore, he B.A.No.5309/2011 2 has moved this application for anticipatory bail. 5. The offence alleged is very serious in nature. Nobody has a right to carry arms in public place and cause inconvenience to the people and cause fear in the minds of the people. Every citizen has a right to move freely without fearing such activities, as are alleged against the petitioner in the present case. 6. This is not a fit case where anticipatory bail can be granted to the petitioner. If anticipatory bail is granted, it would adversely affect the proper investigation of the case. It is also to be noted that the petitioner could not be arrested for the last about three months. If anticipatory bail is granted, it is likely that he would flee from justice. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl