IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Bail Appl..No. 3757 of 2008() ----------------------------- CRIME NO.247/08 OF KADAKKAL POLICE STATION PETITIONER : ACCUSED: ------------------------- DEVADAS, AGED 61 YEARS, BENGLAMUKAL VEEDU, KOTTUKKAL MURI, KOTTUKKAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3757 of 2008 ----------------------------------------- Dated this the 17th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. Petitioner is the second accused in the crime registered under Section 9B(1)(a)(b) of the Explosive Act, 1884. According to prosecution, the police party went to the place of occurrence on getting information that the accused are possessed of gunpowder without having licence in their rented house and on search, 4 kg of gunpowder and 25 crackers were recovered from the house. The petitioner ran away on seeing the police, but his son, who is the first accused , was arrested from the spot. 3. According to petitioner, he is totally innocent of the allegations made. The house is not taken on rent by him. The owner of the house is not made an accused. 4. This petition is opposed. It is submitted that the charge sheet is already laid and the petitioner could not be arrested so far. In such circumstances, I am not inclined to grant anticipatory bail. The petitioner may seek his remedy before the lower court. This petition is dismissed. K.HEMA, JUDGE vgs.