High Court Kerala High Court

Nawas vs State Of Kerala on 19 January, 2010

Kerala High Court
Nawas vs State Of Kerala on 19 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4677 of 2009()


1. NAWAS, AGED 29 YEARS, S/O.ABDULLA,
                      ...  Petitioner
2. MOHAMMED SALI, S/O.ABDULLA HAJI,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :19/01/2010

 O R D E R
                        K.T. SANKARAN, J.
                     ---------------------------
                      B.A. No. 4677 of 2009
                ------------------------------------
             Dated this the 19th day of January, 2010

                            O R D E R

The petitioner had filed B.A. No.7189/2008 for the same

relief which is prayed for in this Bail Application. That Bail

Application was dismissed by the learned Single Judge of this

Court as per the order dated 10/02/2009. For the sake of

convenience, the order dated 10/02/2009 is extracted below:

” Petition for anticipatory bail.

2. The alleged offence are under Sections 27 of

Arms Act and 102 of Cr.P.C. According to prosecution,

a Qualis car and a motorcycle were found parked by

the side of a road on 11.8.2008 and on search of

same, sword, chopper etc. were found inside the car.

On investigation, it is revealed that petitioners have

kept the weapons in the car for the purpose of

commission of offence.

3. Learned counsel for petitioners submitted that

petitioners are innocent of the allegations made, First

petitioner had lodged a complaint against one Jaleel

B.A. No. 4677/2009
2

and the FIR in the said crime is Annexure-I. The said

Jaleel insisted on to settle the case and since first

petitioner was not amenable, he was threated with

dire consequences. Petitioners have been falsely

implicated in this case at the distance of the said

Jaleel. Petitioners may be grant anticipatory bail, it is

submitted.

4. Learned counsel for petitioners submitted

that offence under Section 27 of the Arms Act will not

be attracted since there is no evidence to show that

petitioners have used any prohibited arms in

contravention of Section 7. The mere possession of

prohibited arms will not be an offence under Section

27 of the Arms Act as laid down by the Supreme Court

in Mahendra Singh v. State of W.B. (AIR 1973 SC

2288), it is submitted. Therefore, petitioners are not

liable for non-bailable offence, it is contended.

Hence, anticipatory bail may be granted, it is

submitted.

5. This petition is opposed. Learned Public

Prosecutor submitted that on investigation, it is

B.A. No. 4677/2009
3

revealed that all the accused had kept the articles in

the vehicle and it is not a fit case to grant anticipatory

bail. It is also pointed out that even if Section 27 of

Arms Act is not attracted the allegation made in this

case will clearly fall under Section 25(1A) of the Act.

If a person is in possession of any prohibited arm in

contravention of Section 7 of the Act, he will be liable

under Section 25(1A) of the Act and it is a non-

bailable offence. Section 7 prohibits a person from

possession of any prohibited arm. Therefore, the

wrong quoting of section will not be of any help to

petitioners, it is submitted.

6. On hearing both sides, I am satisfied that

investigation is in the initial stage and charge-sheet

has not been laid. Any misquoting of section will not

give any benefit to petitioners. Considering the

serious nature of allegations made, this is not a fit

case to grant anticipatory bail. The crime was

registered as early as on 11.8.2008 and petitioners

are not available for arrest and interrogation. Hence,

the following order is passed:

B.A. No. 4677/2009
4

1) Petitioner shall surrender before the

investigating officer forthwith and co-

operate with the investigation. Whether he

surrenders or not, police is at liberty to

arrest him and proceed in accordance with

law.

2) No further application for anticipatory bail

by the petitioner in this crime will be

entertained by this Court.

Petition is dismissed.”

I do no find any ground to entertain a second application

for anticipatory bail. There is no change of circumstance or any

other circumstance warranting the filing of the second application

for anticipatory bail.

For the aforesaid reasons, the Bail Application is dismissed.

K.T. SANKARAN, JUDGE

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