IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 7268 of 2009 CRIME NO.131 OF 2009 OF RAJAPURAM POLICE STATION, KASARAGOD PETITIONER/ACCUSED -------------------------------------- V.K.GOVINDAN, S/O.KRISHNA NAIK, AGED 35 YEARS, RESIDING AT VAZHAKKOL HOUSE, ACHANPARA, PANATHADY, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT: STATE -------------------- THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, KASARAGOD DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7268 OF 2009 ------------------------------------------------------ Dated this the 16th day of December, 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 the accused in Crime No.131 of 2009 of Rajapuram Police Station. 2. The offence alleged against the petitioner is under Section 3 read with Section 25(1)(b) of the Arms Act. 3. The prosecution case is that on 25.11.2009, a search was conducted in the house of the petitioner and a country made gun was seized from there. It is alleged that the petitioner did not have any licence to possess the gun. The petitioner apprehends arrest. The allegations levelled against the petitioner are grave. There is no case for the petitioner that he possesses a licence for keeping the gun. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations B.A. NO. 7268 OF 2009 :: 2 :: levelled against the petitioner, I am of the view that this is not a fit case where anticipatory bail can be granted to the petitioner. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/