IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Bail Appl..No. 6073 of 2008() ----------------------------- CMP.2764/2008 of J.M.F.C.-I, ALUVA (CRIME NO.977/2008 OF THRIKKAKARA POLICE STATION, ERNAKULAM) PETITIONERS/ACCUSED NOS. 1 TO 3:- ---------------------------------------------------- 1. SALAM AGED 40 YEARS, SON OF ALIYAR, KOLLAMPARAMBIL HOUSE, VATTEKKUNNAM, EDAPPALLY NORTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DIST. 2. PRAVEEN, SON OF PAUL, AGED 28 YEARS, PULICKAL HOUSE, MUNDAMVELY,FORT KOCHI. 3. PRAJEESH, SON OF SHANMUGHAN, AGED 26 YEARS, THEVARUPARAMBIL HOUSE, DESABHIMANI ROAD, PALLURUTHY. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKLAM REP. BY SUB INSPECTOR OF POLICE, THRIKKAKKARA POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6073 of 2008 --------------------------------------------------- Dated this the 30th day of September, 2008. ORDER petition for bail. 2. The alleged offences are under Sections 401 and 27 of the Arms Act. According to prosecution, petitioner, who is previous convict, formed into a gang along with other accused, to commit offences and they were travelling in a motor cycle on 18.8.2008. On examination, it is was found that petitioner was having sword in his possession, which was kept beneath his shirt. 3. Learned counsel for the petitioner submitted that petitioner was taken into custody on 18.8.2008 and he filed habeas corpus petition contending that a case is falsely fabricated against the petitioner alleging that he was arrested on 15.8.2008. 4. Learned Public Prosecutor submitted first petitioner is involved in various other crimes including offence under Section 302 of IPC. If the petitioner is granted bail, it is likely that petitioner will abscond. It is also submitted 2nd and 3rd accused are also involved in various other crimes and crime numbers are also mentioned by him. [B.A.No.6073/08] 2 On hearing both sides, I am satisfied that it is not a fit case to grant bail to the petitioner at this stage. Petition is dismissed. K. HEMA, JUDGE. Krs.