IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 509 of 2010()
1. SURESH KUMAR @ SATHYAN,S/O.SREEDHARAN,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 509 OF 2010
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Dated this the 5th day of March, 2010
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is the fourth accused
in Crime No.643 of 2009 of Vizhinjam Police Station,
Thiruvananthapuram District.
2. The offences alleged against the petitioner are under
Sections 3 and 25(1)(a) of the Arms Act.
3. When the Bail Application came up for hearing, the learned
Public Prosecutor pointed out that the petitioner along with the third
accused had filed B.A.No.5483 of 2009 for the same relief and that
Bail Application was dismissed by this Court as per the order dated
30.9.2009. On verification, the submission was found to be correct.
4. At that juncture, the learned counsel for the petitioner
sought one day’s time to get instructions. Today, an affidavit sworn
to by the petitioner is filed, in which, it is stated that he belongs to a
poor family and that he is a coolie. The circumstances in which it so
B.A. NO.509 OF 2010
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happened that the dismissal of the earlier Bail Application was not
mentioned in the present Bail Application, have been attempted to
be explained in the affidavit. I am not fully satisfied with the case put
forward by the petitioner for not disclosing the truth in the Bail
Application.
Learned counsel for the petitioner sought permission to
withdraw the Bail Application in these circumstances. Permission is
granted and the Bail Application is dismissed as withdrawn.
(K.T.SANKARAN)
Judge
ahz/