IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6276 of 2009()
1. ANOOP KUMAR P.,S/O.MUKUNDAN P.,
... Petitioner
Vs
1. THE S.H.O.,
... Respondent
2. THE STATE OF KERALA,
For Petitioner :SRI.C.K.SREEJITH
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6276 of 2009
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Dated this the 2nd day of November, 2009
O R D E R
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is accused
No.3 in Crime No.266/2009 of Valapattanam Police Station.
2. The offences alleged against the petitioner are under
Section 27 of the Arms Act and Section 5 of the Explosive
Substances Act.
3. The Police party conducted a search in the house
belonging to accused No.2 and which was in the occupation of
Accused No.3. On 30.04.2009 accused Nos. 1 and 2 were
arrested. On search of the house, 62 Kgs of gun powder, 117 Kg
of Sulphur, 44 Kgs of Aluminum powder, 250 Kgs of Potassium
Chlorite and 149 explosive substances (referred to as goondus)
were found in the house.
4. Accused No.3 apprehends arrest in connection with the
crime and therefore, this application for Anticipatory Bail has
been filed.
B.A. No. 6276 of 2009 2
5. The offence alleged against the accused persons is
very serious in nature. Custodial interrogation of the petitioner
may be necessary. In the facts and circumstances of the case,
if anticipatory bail is granted to the petitioner, it would
adversely affect the proper and smooth investigation of the
case. I am of the view that the petitioner is not entitled to the
discretionary relief under Section 438 of the Code of Criminal
Procedure.
For the aforesaid reasons, the bail application is
dismissed.
K.T. SANKARAN, JUDGE
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