IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 7866 of 2008() ----------------------------- (CRIME NO.890/2008 OF THIRUVALLA POLICE STATION) PETITIONER/ 2ND ACCUSED ------------------------------------------- PRASAD, MULLASSERY HOUSE, ERAVIPEROOR, THIRUVALLA. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 7866 of 2008. --------------------------------------------------- Dated this the 6th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 3 r/w Sec. 25 (1)(a) of Arms Act. According to prosecution, the house of the first accused was searched by police on 25.11.2008 and three country-made guns were seized from his house. On investigation, it is revealed that one of the guns was given by petitioner, who is the 2nd accused, to the first accused. 3. Learned counsel for petitioner submitted that petitioner has not committed any offence and there is only confession of a co-accused to connect petitioner with the crime. 4. This petition is opposed. Learned Public Prosecutor submitted that investigation is conducted and it has come out in evidence that petitioner was in possession of a country-made gun and hence it is not a fit case to grant anticipatory bail. First and second accused are close friends and they are engaged in illegal sand mining as per the materials in the case diary. 5. On hearing both sides, considering the serious nature of the allegations made, I am satisfied that it is not a fit case to grant anticipatory bail. Petitioner is bound to co-operate B.A.NO.7866/08] 2 with the investigation and surrender before the investigating officer. Learned counsel for petitioner has not stated any reason for the first accused to falsely implicate the petitioner. The crime is registered as early as on 25.11.2008. Hence, the following order is passed: 1) Petitioner shall surrender before the investigating officer and co-operate with the investigation. 2) No further application for anticipatory bail by the petitioner in this crime will be entertained by this Court. Petition is dismissed. K. HEMA, JUDGE. Krs.