IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Bail Appl..No. 3469 of 2009 ----------------------------------- PETITIONER: -------------------- SUJITH @ KUTTU, S/O. SOMAN, VATHATTU HOUSE, VIA THALIKULAM, CHAVAKKAD THALUK, THRISSUR DIST. BY ADV. SRI.RAJIT RESPONDENT: -------------------- STATE OF KERALA, REP. BY PUBLIC PROSEUCOTOR HIGH COURT OF KERALA, AT ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ================== B.A. No. 3469 of 2009 ================== Dated this the 2nd day of July, 2009. O R D E R Petitioner is the first accused in Crime No.138/2007 of Vatanappillay Police Station. The case is being investigated for the offences under Sections 143, 147, 148 and 149 of Indian Penal Code and Sections 20 and 27 of Arms Act and Section 5 of Explosive Substances Act. Prosecution case is that on 29-3-2007 at about 5.00 AM, accused were found in possession of dangerous weapons like sword, iron pipe, bombs near Chilanka Beach and first accused was arrested and the weapons were seized and all the accused committed the offences as alleged. 2. Accused Nos.4, 5 and 7 were subsequently surrendered and were released on bail. This petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail contending that he is not involved in the B.A.No.3469/2009 -2- case and was falsely implicated and he is prepared to co- operate with the investigation and he will not interfere with the investigation and therefore he is to be granted anticipatory bail. 2. Learned Public Prosecutor submitted that case is under investigation and custodial interrogation of the petitioner is necessary and in such circumstances anticipatory bail may not be granted. 3. Considering the nature of the offences and the necessity for custodial interrogation of the petitioner, he is not entitled to anticipatory bail as sought for. Even according to the petitioner accused 4, 5 and 7 had already surrendered before the court and released on bail. Petitioner is at liberty to surrender before the court and seek regular bail. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr