IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6870 of 2008() ----------------------------- CRIME NO. 131/2008 OF VELLAMUNDA POLICE STATION PETITIONER (S): -------------------- K. SAMEER, S/O. ALI, KORUVAMBATH HOUSE, THONDARNAD P.O. VELLAMUNDA P.S. WAYNAD DISTRICT. BY ADV. SRI.H.SIVARAMAN SRI.MATHEW CHERIAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, | VELLAMUNDA POLICE STATION, WAYNAD DISTRICT. BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6870 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 25(b)(1)(a) of Artms Act. According to prosecution, petitioner handed over a licensed gun to accused 1 and 2 for hunting and hence a crime was registered under the above said sections, on seizure of the same from accused 1 and 2. 3. Learned counsel for petitioner submitted that petitioner is an agriculturist and he handed over the gun to accused 1 and 2 while he was returning home. It was not handed over for hunting but it was only a temporarily handed over. Hence, he may be granted anticipatory bail. 4. Learned Public Prosecutor submitted that this is a serious offence. As per the licence conditions, petitioner is not expected to handover the licensed gun to any other person. If he has to hand over the gun to servants or some other person or family members, an endorsement has to be obtained in the licence by which he can be permitted to hand over the gun to such person. There is no such endorsement in the licence. Therefore, petitioner is clearly violated the condition of licence BA 6870/08 -2- and given the gun to other accused for purpose of hunting. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the nature of the allegations made, I find that it is not a fit case to grant anticipatory bail. The crime was registered as early as on 1-7- 2008 and petitioner was not available for investigation so far. He has not surrendered before the Magistrate Court also. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, respondent is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.