IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Bail Appl..No. 3761 of 2008() ----------------------------- CRMP.4013/2007 of D.C.& SESSIONS COURT,THODUPUZHA CRIME NO.261/08 OF NEDUMKANDAM POLICE STATION APPLICANT/ACCUSED ---------------------------------- ABDUL SALAM, S/O. ISMAIL, AGED 46, THANICKAL HOUSE, AMBALAPPARA BHAGAM, NEELUMKANDAM KARA, PARATHODE VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA, REP. 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 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3761 of 2008 ----------------------------------------- Dated this the 20th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. On the allegation that the petitioner was keeping a country made pistol without licence, a search was made into the house of the petitioner by the police and a country made pistol, 5 empty cartridges cases and an air gun concealed in a gunny bag kept under a cot were recovered from the bed room of the petitioner. A crime was registered under Section 3 read with 25(2)(a) of the Arms Act. 3. Learned counsel for petitioner submitted that the petitioner is only a labourer working under one Mohanan. The building, from which the contraband articles were seized, belongs to the said Mohanan and the petitioner has no connection with the same. To help the said Mohanan, petitioner who is a labourer under him has been falsely implicated in the offence on the allegation that the property has been rented out to the petitioner. There is no such lease alleged. BA.3761/08 2 4. Learned Public Prosecutor submitted that as per the case diary, the property is occupied by the petitioner himself, but the petitioner is the occupant of the building as a tenant. But, no documents are available to prove the tenancy. In the above circumstances, I find that anticipatory bail can be granted to the petitioner and the following order is passed: Petitioner shall be released on bail in the event of his arrest on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, provided the petitioner surrenders before the police within seven days from today, on condition that he will co-operate with the investigation and make himself available for interrogation as and when directed. This petition is allowed. K.HEMA, JUDGE vgs.