IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Bail Appl..No. 2281 of 2010() ----------------------------- CRIME NO.90/2010 OF ARALAM POLICE STATION, KANNUR. (S): PETITIONER/ACCUSED -------------------------------------- T.G.SANTHOSH, S/O.JANARDHANAN, THEKKINKATTIL HOUSE, AMBALAKANDI, ARALAM.P.O. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, ARALAM POLICE STATION. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2281 of 2010 ---------------------------------------------- Dated 18th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 3 read with Section 25(1B)(a) of the Arms Act. According to prosecution, on getting information, police conducted a search in the house of petitioner and a country gun was seized from the southern bed room of his house. It was found beneath the cot. A crime was registered against petitioner. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. No recovery was effected from the house of petitioner. Actually, a gun was found in a hidden state beneath the kadjan leaves lying in the property of petitioner, which must have been placed by some persons, who are engaged in hunting. In the neighbour- hood, there are persons, who are having enmity towards petitioner due to political reasons. They would have informed the police and a false case is foisted against petitioner, it is submitted. BA NO.2281/10 2 4. This petition is opposed. Learned Public Prosecutor submitted that the police had reached the house on knowing that an unlicensed gun was available in the house. On search, gun was seized from the southern bed room of the house. Petitioner was not present in the house, but on questioning his wife, she stated that gun has no licence. It is also submitted that crime is registered in Aralam Police Station and people of the locality are engaged in hunting wild animals and the gun must have been kept by petitioner for the purpose of hunting. 5. On hearing both sides, I do not find any materials or circumstances to support the asserted innocence of petitioner. There is also nothing to show that police has deliberately cooked up a case against petitioner. In such circumstances, I am not satisfied that this is a fit case to grant anticipatory bail. Petitioner has not made out any exceptional circumstances to grant anticipatory bail. Petition is dismissed. K.HEMA, JUDGE. tgs