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.
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Bail Application No.5501 of 2008
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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
csl