IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7380 of 2008()
1. NASAR @ KUNJUMON, AGED 36 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.E.RAFEEK
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/12/2008
O R D E R
K. HEMA, J.
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B.A. No. 7380 of 2008
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Dated this the 4th day of December,2008
O R D E R
Petition for bail.
2. The alleged offence is under section 25(1)(b) of the
Arms Act. According to prosecution, accused 1 and 2 were
arrested under suspicious circumstances and on questioning,
they revealed that 3rd accused who is residing in the same house
has concealed an unlicensed revolver and on searching the
house, the said article was seized. Petitioner was arrayed as 3rd
accused. On questioning him, it is revealed that he purchased
the same from a person in Utter Pradesh.
3. Petitioner was arrested on 14-11-2008 and he is in
custody since then. Learned counsel for petitioner submitted
that the house from where the contraband article was seized
does not belong to petitioner. He is not taken in possession of
the same. The house is rented out to accused 1 and 2. At the
time of seizure petitioner was not present in the house.
4. Learned Public Prosecutor submitted that he has no
objection in granting bail but stringent conditions may be
imposed.
5. On hearing both sides, I am satisfied that bail can be
granted to petitioner on conditions.
BA 7380/08 -2-
6. Hence, petitioner shall be released on bail on his
executing a bond for Rs.25,000/- with two solvent sureties each
for the like amount to the satisfaction of the learned Magistrate,
on the following conditions:-
1) Petitioner shall report before the
Investigating Officer on every Monday
and Thursday between 10 a.m. and 1
p.m. until further orders.
2) Petitioner shall not intimidate or influence
any witness or tamper with evidence or
commit any offence while on bail and in
case breach of this condition, bail is liable
to be cancelled.
This petition is allowed.
K.HEMA, JUDGE.
mn.