IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 Bail Appl..No. 4058 of 2008() ----------------------------- (CRIME NO. 366/2008 OF CHATHANOOR POLICE STATION) PETITIONER/IST ACCUSED --------------------------------------- AJITH KUMAR @ AJI, AGED 26 YEARS, ANITHA VILASAM, PUTHUCHIRA, UMAYANELLOR (PO), THAZHUTHALA VILLAGE, KOLLAM. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS: COMPLAINANT ------------------------ SUB INSPECTOR OF POLICE, CHATHANOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR STI. P.S. SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl. No. 4058 of 2008 ----------------------------------------------- Dated this the 30th day of June, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 323, 341, 506(2) read with Section 34 of IPC and Section 27 of Arms Act. The petitioner is the 3rd accused in the crime. As per the allegations, a reporter of Rashtra Deepika Daily was assaulted by the petitioner and others and he sustained injuries . 3. Learned counsel for the petitioner submitted that the mere possession of weapon will not be sufficient to attract Section 27 of the Arms Act, going by the language of the provision. 4. Learned Public Prosecutor submitted that petitioner has exposed the sword and attacked the de facto complainant also and, therefore, the exposure of a weapon like sword would attract offence under Section 27 of the Arms Act. It is also submitted that accused 5 and 6 had chased the de facto [B.A.4058/08] 2 complainant in a motor bike which belonged to the petitioner. The petitioner had a major role in committing the offence and he was present at the scene also. On hearing both sides, I am satisfied that, on the facts of the case, it is not a fit case to grant anticipatory bail petition is dismissed. K. HEMA, JUDGE. Krs.