IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Bail Appl..No. 2730 of 2010() ----------------------------- (O.R.NO.12/2010 OF PERUVANNAMOOZHI FOREST RANGE, KOZHIODE DT.) .................... PETITIONER/ACCUSED -------------------------------------- GEORGE MARUTHOLIL, AGED 48 YEARS, S/O.JOSEPH, DRIVER, MARUTHOLIL HOUSE, KAKKAYAM P.O., PILLAPERUVANNA AMSOM, KAKKAYAM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY FOREST RANGE OFFICER, PERUVANNAMOOZHI FOREST RANGE OFFICER, KOZHIKODE DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2010, ALONG WITH B.A.2731/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- Bail Application Nos.2730 & 2731 of 2010 -------------------------------------------------------- Dated 3rd June, 2010. O R D E R These petitions are for anticipatory bail. 2. In respect of a search conducted in the house of the petitioner, two crimes were registered, one by the Forest officials and another by the police. The Forest officials conducted a search and seized two air guns and gun powder from the house of the accused and a mahazar was prepared and a case was registered. On a report given by the forest officials on the incident, a crime was registered by the police under Sections 3 and 25(1)(b) of the Arms Act and other provisions of Explosives Act. Since both the cases arise out of the same search and seizure, these petitions are disposed of by this common order, for convenience. 3. According to prosecution, secret information was Bail Application Nos.2730 & 2731 of 2010 -2- received by forest officials and they conducted search in the house of petitioner. On reaching the spot, one Joy who is related to petitioner showed the place where the key was hidden and it was taken out and the house was opened. From the fridge wild animal meat was seized, from the shed attached to the house a skull of a deer with a horn was also seized. Two air guns were also seized from the house. The forest officials registered a case under Sections 2(1), 2(16), 9, 39, 51, 51(2) and police registered a case under Sections 3 and 25(1)(b). 4. Larned counsel for petitioner submitted that admittedly petitioner was not present at the house. Joy, who is his neighbour alone was present. He was the person who showed the key which was hidden. The house was found locked. The said Joy is on highly inimical terms with the petitioner since a very long time. Annexure-B would show that there was a compromise between petitioner with the intervention of Parish Priest and officials of Kakkayam Vikasana Samithi. It is stated in Annexure-B that for the past six years, the said Joy was working as a tapper in petitioner's rubber plantation. They are relatives and they are residing close. The said Joy was expelled from his Bail Application Nos.2730 & 2731 of 2010 -3- job and therefore, on account of same dispute regarding wages and they were on inimical terms for the past several years. Both of them signed a compromise Annexure-B. 5. According to learned counsel for petitioner the said Joy planted the contrabands in petitioner's house and had given information to forest officials. However, the two guns searched out from the house belong to petitioner, but those are only air guns which do not require any license, it is submitted. It is also pointed out that in the mahazar it is stated that those are used for shooting down birds. The petitioner has not shot down any animal so far and he is not involved in forest offence so far. In the above circumstances, anticipatory bail may be granted to the petitioner, it is submitted. It is also pointed out by petitioner's counsel that even the fridge and stabilizer was taken away by the forest officials and these facts are revealed from the mahazar. 6. Learned Public Prosecutor submitted that as per the allegations in the mahazar, the key was shown by Joy who is a relative. It is also pointed out that the offence under the Explosive Substances Act is a bailable offence, but according to prosecution the gun seized comes under the Arms Act since Bail Application Nos.2730 & 2731 of 2010 -4- prosecution does not believe that those are air guns. It is conceded that air gun does not fall under the Arms Act. Learned counsel for petitioner pointed out that the bills for purchase of air guns are with the police and as per entries in the bills those are air guns for which no license is required. 7. On hearing both sides and on considering the various facts discussed above, particulars, Annexure-B, the circumstances under which the key was obtained etc., I am satisfied and the petitioner can be granted anticipatory bail. The mahazar reveals that the guns seized are air guns and sticker on the gun also shows that those are air guns. Still prosecution does not admit those are air guns. In the above circumstances, I am satisfied that if anticipatory bail is not granted, petitioner would suffer irreparable injuries. Hence the following order is passed : (i) Petitioner shall surrender before Magistrate Court concerned within seven days from today. (ii) On such appearance, petitioner shall be released on bail on his executing a bond for Rs.10,000/- (Rupees Ten Thousand only) Bail Application Nos.2730 & 2731 of 2010 -5- on condition that petitioner shall report before Investigating Officer as and when directed and co-operate with investigation. Both these petitions are allowed. K. HEMA, JUDGE Jvt