IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Bail Appl..No. 5501 of 2008(E) -------------------------------------- CRIME NO.517/08 OF CHAVARA POLICE STATION PETITIONER/2ND ACCUSED : ----------------------------------- UTHAMAN @ PYARILAL, S/O. KAMALASANAN, ASWATHY, KULANGARA BHAGOM, CHAVARA. BY ADV. SRI.K.ABDUL JAWAD RESPONDENTS/COMPLAINANTS : ---------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMA R THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5501 of 2008 ------------------------------------------------------- Dated this the 3rd day of September, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioner along with two others were standing in front of a Bar Hotel and they were shouting and intimidating the nearby people. The first accused was arrested with a sword. The third accused was also arrested. The second accused could not be arrested. A crime was registered under Section 27 of the Arms Act read with Section 34 IPC. 3. Learned counsel for the petitioner submitted that even as per the allegations of the prosecution, only A1 was found in possession of sword. Petitioner is having no sword in his hand. Hence, anticipatory bail may be granted. Learned counsel for the petitioner also submitted that the petitioner is prepared to surrender before the Magistrate court and a direction may be issued to dispose of the bail application on the same day. 4. Learned public prosecutor submitted that as per the allegations, accused were shouting and intimidating people BA No.5501/08 2 standing nearby, while A1 was carrying a sword in his hand. It is also submitted that the first and the third accused were granted bail and this is not a fit case to grant anticipatory bail. 5. On hearing both sides, it is not a fit case to grant anticipatory bail considering the nature of allegations made. If the petitioner surrenders before the learned Magistrate and any bail application is filed, it shall be disposed of as expeditiously as possible, in accordance with law. I am confident that, that will be done even without a direction. The petition is disposed of accordingly. K.HEMA, JUDGE csl