Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 10TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944 BAIL APPL. NO. 27 OF 2023 CRIME NO.989/2022 OF Kumbla Police Station, Kasargod PETITIONERS/ACCUSED NOS.1 AND 2: 1 RAJESH.V.,AGED 33 YEARS,SON OF RAMAN.P, EROL VADAKKEKKARA HOUSE, EROLE VADAKKEKKARA, 2 NIKHIL,AGED 22 YEARS,SON OF BALAN, EROL PUTHIYA VALAPPIL HOUSE, EROLE, BY ADVS. A.ARUNKUMAR HEERAKRISHNA T.H. SACHIN GEORGE ARAMBAN RESPONDENT/COMPLAINANT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PIN - 682031 BY PUBLIC PROSECUTOR SMT.SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.27 of 2023 2
VIJU ABRAHAM, J.
B.A. No.27 of 2023 Dated this the 10th day of January, 2023
ORDER
This is an application for regular bail.
2. Petitioners are accused Nos.1 and 2 in Crime No.989 of 2022 of Kumbala Police Station, Kasaragod registered alleging commission of offences punishable under Section 3 read with Section 25(1)(a) of the Arms Act.
3. The prosecution allegation is that on 27.12.2022 at 6.40
p.m. during the patrolling duty by the defacto complainant and team, accused Nos.1 and 2 were found in possession of one country gun with 7 bullets in a pickup van bearing registration No.KL60 C 8346. Thus the petitioners have committed the aforesaid offences.
4. Petitioners submit that they are in custody from 27.12.2022
onwards and that they have been falsely implicated in the abovesaid crime. Petitioners further submit that since the investigation is practically over, their further detention is not required for the purpose of the same. Learned counsel for the petitioners submit that the marriage of the first cousin of the 2 nd petitioner is scheduled to be
held on 14.01.2023 and the 2nd petitioner is looking after the affairs
BA No.27 of 2023 3 of the bride.
5. Learned Public Prosecutor opposed the application for
bail mainly contending that an unlicensed country gun and 7 bullets were found in the possession of the petitioners, but upon instructions submitted that the petitioners are not involved in any other crimes. Considering the facts and circumstances of the case and the fact that petitioners are in custody from 27.12.2022 onwards and also taking note of the fact that the petitioners are not involved in any other crimes, I am inclined to grant bail to them on the following conditions:
(i) The petitioners shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) They shall appear before the investigating officer in Crime No.989 of 2022 of Kumbala Police Station, Kasaragod on all Saturdays at 11.00 a.m. till the filing of charge sheet.
(iii) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(iv) They shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.989 of 2022 of Kumbala Police BA No.27 of 2023 4 Station, Kasaragod may file an application before the jurisdictional court, for cancellation of bail. Sd/- VIJU ABRAHAM JUDGE cks