IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 Bail Appl..No. 4968 of 2008(E) ----------------------------- (CRIME NO. 378 OF 2008 OF THE KAYAMKULAM POLICE STATION) PETITIONER/1ST ACCUSED: ------------------------ ANNESH @ DONY P.MURALI, AGED 22 YEARS, S/O.MURALI, PATHYANTE THEKKETHIL VEEDU, PERINGALA VILLAGE, KOIPPALLIKARAZHMA MURI, MAVELIKARA TALUK. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENT/COMPLAINANT: ----------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4968 OF 2008 ------------------------------ Dated this the 25th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. According to the prosecution, on 27.04.2008 at about 4 p.m. the petitioner along with 2 other accused committed various offences and assaulted the defacto complainant. Sword stick and iron rod were used for the offence. 3. Learned counsel for the petitioner submitted that the weapons used will not come under Section 27(ii) of Arms Act. But it may fall under Section 27(1) of the Arms Act. 4. This petition is opposed. Learned Public Prosecutor submitted that the weapons used are sword stick, iron rod etc. and those fall under the provisions of the Arms Act. The offence involved is a non bailable offence and the recovery is to be effected. Petitioner is the 1st accused in the crime. On hearing both sides, I am satisfied that in an offence of this nature, it is not proper to grant anticipatory bail. The incident occurred as early as on April, 2008 and the petitioner B.A.4968/2008 2 was not available for arrest for the past, about 4 months. The petition is dismissed. K.HEMA, JUDGE pac