IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Bail Appl..No. 6133 of 2011() ----------------------------- (Crime No.548 of 2011 of the Sultan Bathery Police Station) PETITIONER/ 6TH ACCUSED ------------------------------- GEORGE P.O,S/O.PAILY,PALEETHMOLEAL HOUSE,THODUVATTY P.O, SULTAN BATHERY. BY ADV. SRI.JOHN VARGHESE RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, SULTAN BATHERY POLICE STATION, SULTAN BATHERY - 673 592. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6133 OF 2011 --------------------------------- Dated this the 12th day of August, 2011 ORDER This is an application for anticipatory bail filed by accused No.6 in Crime No.548 of 2011 of the Sultan Bathery Police Station. 2. The offence alleged against the accused is under Section 3 read with Section 25(1)B(a) and Section 5 read with Section 27(1) of the Arms Act read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 2nd August, 2011, the following order was passed: “3. The allegation is that accused Nos.1 to 5 hunted a sambar deer from reserve forest with the gun given by accused No.6. Accused No.6 is working as Assistant Sub Inspector of Police in Traffic Unit, Sultan Bathery. 4. The learned Public Prosecutor submitted that on a search of the house of the petitioner, 7 cartridges, 5 empty cases B.A. No.6133 OF 2011 2 and 58.09 grams of metal bolts were seized. 5. The learned counsel for the petitioner submitted that his brother had a licenced gun which was surrendered before the police. According to the petitioner, 7 cartridges and other materials seized from the house of the petitioner relate to the gun which was owned by the brother of the petitioner. The counsel for the petitioner submitted that if the petitioner is given an opportunity to explain the matter, he will do so to the investigating officer to show that the petitioner is not guilty of the offence. 6. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 7th and 8th of August, 2011 at 10 a.m. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with the crime till 16th August, 2011. Post on 12.08.2011.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 2nd August, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 2nd August, 2011 has been complied with by the petitioner, I am of the view that anticipatory B.A. No.6133 OF 2011 3 bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on alternate Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms