IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Bail Appl..No. 6879 of 2008() ----------------------------- CRIME NO.288/2008 OF PETTA POLICE STATION PETITIONER : 3RD ACCUSED ------------------------------ DINI BABU , AGED 32 YEARS, S/O.BABU, KANNAMMOOLA POTHENPALAM, KOLLURTHODU VARAMBIL VEEDU, NEAR MEDICAL COLLEGE PO, THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PETTA POLICE STATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNKAULAM ,KOCHI. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6879 of 2008 --------------------------------------------- Dated this the 18th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 5 of Explosive Substance Act and Section 27 of Arms Act. According to prosecution, police conducted a search in the house of first accused, on knowing that some contraband articles are kept in the house. From a shed attached to the house, articles like axe, country bomb, sword, hammer, air-gun etc. were recovered. On reaching the spot, police found four persons running away from the shed. Those persons included the petitioner, who is the third accused. The incident occurred on 3.10.2008 at 3.30 p.m. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. There is absolutely no materials to connect petitioner with the crime. Even if the entire allegations are admitted, the article is seized from the house of the first accused and not that of petitioner and he has nothing to do with the articles. Therefore, anticipatory bail may be granted, it is submitted. BA No.6879/2008 2 4. This petition is strongly opposed. Learned public prosecutor submitted that petitioner has criminal background. He is involved in various crimes including offence under Section 307 IPC. He is included in Rowdy list. On investigation, it is revealed that two groups were engaged in clashes between each other and for retaliating against the opponent group, petitioner and others had collected contraband articles and kept it in the shed attached to the house of first accused. Petitioner was found by police at the place from where the articles were seized but, he could not be arrested, since he ran away. Police identified the petitioner, since he was known to the police earlier as he is included even in the Rowdy list. His name appears in the First Information Statement itself. Investigation is in progress and only two more accused are to be arrested in this case. 5. On hearing both sides, considering the nature of allegations made and the nature of investigation required in the matter, I find that it is not a fit case to grant anticipatory bail, especially on taking into account, the criminal background of petitioner. The incident occurred as early as on 3.9.2008, and petitioner has not so far made himself available for investigation. BA No.6879/2008 3 Hence, petitioner shall surrender before the Magistrate court concerned or the Investigating Officer without any delay. Whether he surrenders or not, police is at liberty to arrest petitioner at any time and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE csl