High Court Kerala High Court

Uthaman @ Pyarilal vs State Of Kerala on 3 September, 2008

Kerala High Court
Uthaman @ Pyarilal vs State Of Kerala on 3 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5501 of 2008(Y)


1. UTHAMAN @ PYARILAL,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.K.ABDUL JAWAD

                For Respondent  : No Appearance

The Hon'ble MRS. Justice K.HEMA

 Dated :03/09/2008

 O R D E R
                               K.HEMA, J.
               -------------------------------------------------------
                 Bail Application No.5501 of 2008
               -------------------------------------------------------
            Dated this the 3rd day of September, 2008



                                  O R D E R

This petition is for anticipatory bail.

2. According to prosecution, petitioner along with two

others were standing in front of a Bar Hotel and they were

shouting and intimidating the nearby people. The first accused

was arrested with a sword. The third accused was also arrested.

The second accused could not be arrested. A crime was

registered under Section 27 of the Arms Act read with Section

34 IPC.

3. Learned counsel for the petitioner submitted that

even as per the allegations of the prosecution, only A1 was found

in possession of sword. Petitioner is having no sword in his

hand. Hence, anticipatory bail may be granted. Learned counsel

for the petitioner also submitted that the petitioner is prepared

to surrender before the Magistrate court and a direction may be

issued to dispose of the bail application on the same day.

4. Learned public prosecutor submitted that as per the

allegations, accused were shouting and intimidating people

BA No.5501/08 2

standing nearby, while A1 was carrying a sword in his hand. It

is also submitted that the first and the third accused were

granted bail and this is not a fit case to grant anticipatory bail.

5. On hearing both sides, it is not a fit case to grant

anticipatory bail considering the nature of allegations made. If

the petitioner surrenders before the learned Magistrate and any

bail application is filed, it shall be disposed of as expeditiously as

possible, in accordance with law. I am confident that, that will

be done even without a direction.

The petition is disposed of accordingly.

K.HEMA, JUDGE

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