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Kerala High Court

Anirudhan Pillai.K.P vs State Of Kerala on 12 March, 2014

Author: Thomas P.Joseph

Bench: Thomas P.Joseph

       

  

  

 
 
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT:

              THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

    WEDNESDAY, THE 12TH DAYOF MARCH 2014/21ST PHALGUNA, 1935

                              Bail Appl..No. 1698 of 2014
                                -------------------------------

 CRIME NO. 113/2014 OF RAMAMANGALM POLICE STATION , ERNAKULAM
                                                ....


    PETITIONER:
    ---------------------

     ANIRUDHAN PILLAI.K.P.,AGED 48 YEARS,
     S/O.PADMANABHAN PILLAI, MENOM HOUSE,
     EZHAKKARANAD(KARA), EZHAKKARANAD SOUTH PO.,
     MANEED VILLAGE, MUVATTUPUZHA TALUK,
     ERNAKULAM DISTRICT, PIN 682 308.

     BY ADV. SRI.C.N.PRABHAKARAN

    RESPONDENTS:
    -------------------------

     STATE OF KERALA,
     REPRESENTED BY PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA.

     BY PUBLIC PROSECUTOR SRI.SREEJITH


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
     ON 12-03-2014, THE COURT ON THE SAME DAY PASSED THE
     FOLLOWING:

Kss



                    THOMAS P. JOSEPH, J
               ---------------------------------------
                    B.A.No.1698 of 2014
              ----------------------------------------
             Dated this the 12th day of March, 2014

                             ORDER

Petitioner is accused in Crime No.113 of 2014 of the Ramamangalam Police Station for the offences punishable under Section 286 of the Indian Penal Code and Section 5 r/w Section 9B(1)(a) of the Explosives Act, 1884, apprehends arrest and has filed the application.

2. Learned Public Prosecutor has opposed the application. It is submitted that on 13.02.2014 the Police searched a temporary shed near House No. 04/394 belonging to the petitioner and seized various items of explosives, gun power etc. kept there without authority. Petitioner is also involved in Crime No.18 of 2012 for similar offence.

3. Learned counsel has submitted that the allegations are not true. The sketch prepared by the Village Officer does not even mention about any such temporary shed. Moreover, the shed if any is not situated in the property of the petitioner. Adjoining property of the petitioner, the Paraya community owns a property and in connection with the rituals in that property, they used to use explosives and for that purpose, may have kept the explosives in the temporary shed.

4. Having regard to the nature of allegations made B.A.No.1698 of 2014 2 against the petitioner, I am not inclined to think that relief of pre-arrest bail could be granted particularly as on a former occasion also he was implicated in a similar offence.

5. The petitioner has to surrender before the officer investigating the case. In case he is arrested, petitioner shall be produced before the jurisdictional magistrate as early as possible where it is open to the petitioner to request for bail.

Application is disposed of with the above direction.

Sd/-

THOMAS P. JOSEPH, JUDGE.

AS                                   /True Copy/

                                   P.A. to Judge