IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2348 of 2008() ----------------------------- CRIME NO. 26/08 OF KOORACHUNDU POLICE STATION PETITIONER : 2ND ACCUSED ---------------------------- SHAJI @ RAJAN MATHEW, S/O.MATHEW MADATHI PARAMBIL HOUSE KOORACHUNDU AMSOM DESOM, KOYILANDY TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE SUB INSPECTOR OF POLICE KOORACHUNDU POLICE STATION. 2. STATE REP: BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, ALONG WITH BA NO. 2648 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 2348 & 2648 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of April, 2008 O R D E R The petitioners are accused 2 and 3 in a crime registered alleging the offence punishable under the Arms Act. The crux of the allegations is that the petitioners were found keeping in their possession two unlicensed guns. They allegedly took to their heels on seeing the detecting officials. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. They may now be granted anticipatory bail, it is prayed. 3. The learned Prosecutor opposes the application. The offence alleged, if the allegations are true, clearly falls under Section 25(1)(b) of the Arms Act, which is a non-bailable offence as per the Schedule to the Cr.P.C. No circumstances are shown to exist, which can justify or warrant the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in B.A.Nos. 2348 & 2648 of 2008 2 favour of the petitioners. This I am satisfied is a fit case where the petitioners must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the usual course. 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioners appear before the learned Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm