IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3216 of 2009() ----------------------------- CRIME NO.92/2008 OF THANNITHODE POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ R.S.JAGATHEESH, S/O.SATHEESH BABU, RAMAVILASOM VEEDU, MOORTHIMON THANNITHODE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR, THANNITHODE POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.3216 of 2009 -------------------------------- Dated this the 22nd day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.92 of 2008 of Thannithode Police Station. 2. The offences alleged against the petitioner are under Sections 3 and 25(1)(B)(a) of the Arms Act. 3. The gist of the allegation against the accused persons is the following: On 30.11.2008, when the Range Officer, Intelligence Wing of the Forest Department and party as well as the Range Officer, Forest Flying Squad and party were patrolling in the forest area, the accused persons were found inside the forest in a jeep. A country made pistol and arms were also recovered from them. The accused persons were arrested and they were produced before the Judicial Magistrate of First Class-II, Pathanamthitta. The accused persons were remanded. 4. It is stated by the counsel for the petitioner that the accused persons were subsequently released on bail. On 3.12.2008, the Range Officer submitted the case to the Circle Inspector of Police, BA No.3216/2009 2 Thannithodu for taking appropriate action and for registering the crime under the Arms Act. Accordingly, Crime No.92 of 2008 was registered. The petitioner apprehends arrest in connection with the said crime. 5. The allegations levelled against the accused are serious in nature. The allegation is that they were possessing a country made pistol without any license. The allegation is that they had unlawfully entered into the forest and tried to commit Forest offence. I do not think that the petitioners are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl