IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 Bail Appl..No. 1426 of 2010() --------------------------------- CRIME NO. 187/2009 OF NADAPURAM POLICE STATION ......................... PETITIONER/ACCUSED : --------------------------- ASIF, S/O.KUNJABDULLA HAJI, AGED 25 YEARS, PUTHIYOTTAMKANDI VEEDU, THUNERI AMSOM, MUDAVANTHERI DESOM, VADAKARA TALUK, KOZHIKODE. BY ADVS. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE RESPONDENT: --------------- C.I. OF POLICE, NADAPURAM CIRCLE, NADAPURAM, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S.SIVAKUMAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 1426 of 2010 ----------------------------- Dated this the 21st day of July, 2010 O R D E R Petition for anticipatory bail. 2. The alleged offences are under Section 27 of the Arms act and Section 4 of the Explosive Substances Act. According to prosecution, the police got an information that some contraband weapons are kept concealed in a property and on reaching the place sword sticks, sword, dagger, iron rod, steel bombs and G.I pipes were seized from the property. On investigation, it is revealed that accused nos. 1 to 5 had concealed the same in the said place. Petitioner is the third accused in the crime. 3. Learned counsel for petitioner submitted that first accused was granted bail. Petitioner has absolutely no connection with the property from where, contraband articles were seized. The property is an abandoned property and petitioner has absolutely nothing to do with the property. Petitioner is working abroad. He requested for an opportunity to explain his innocence before the investigating officer. He came from Dubai and as per the direction of this court, petitioner appeared before the B.A. No. 1426 of 2010 2 investigating officer, and he was thoroughly interrogated by the investigating officer. Petitioner is not required for any more interrogation. No recovery is to be effected from him. 4. Learned counsel for petitioner also submitted that first accused was granted bail by the lower court in the light of an order dated 25.03.2010 passed by this court in B.A. No. 1353/2010 of this court. As per the said order, first accused was directed to surrender before the investigating officer first and thereafter, before the Magistrate Court concerned. There is also a direction to the learned Magistrate to consider and dispose of the case application for regular bail preferably on the same date, on which, it was filed. Learned counsel for petitioner also submitted that petitioner and first accused are similarly placed and there is no reason why petitioner is refused anticipatory bail, since first accused is granted bail on the same day, on which, he appeared and applied for bail. 5. This petition is opposed. Learned Public Prosecutor submitted that there are witnesses to speak that petitioners along with other accused kept the contraband articles in the property. The property is not abandoned property, but it belongs B.A. No. 1426 of 2010 3 to one Usman Haji. However, it is conceded that petitioner was interrogated, when he appeared before the investigating officer as per the directions of this court. No recovery is to be effected from him. 6. On hearing both sides, considering the serious nature of the allegations made, I do not think that this is a fit case to grant anticipatory bail. In the order dated 25.03.2010 in B.A. No. 1353/2010, another bench of this court found that anticipatory bail cannot be granted in a case of this nature. However, I find that petitioner is interrogated and no recovery is effected from him. 7. In such circumstances, petitioner is at liberty to appear before the Magistrate court concerned and seek regular bail. If the petitioner surrender within 10 days of receipt of this order and files an application for regular bail, it shall be disposed of, as expeditiously as possible, and without any delay. This petition is dismissed. K. HEMA, JUDGE ln