High CourtsSingle Bench

Abhilash Chacko vs State Of Kerala

High Court Of Kerala · Decided on 20 July 2021 · Citation: (2021) 07 KL CK 0233

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Arms Act, 1959 — Section 3(1), 25(1B)(a)
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 5423 Of 2021
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Judgment

18 paragraphs · 308 words

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Ashok Menon, J

1.

Petitioner is the sole accused in Crime No.1010 of 2021 of Kattappana Police Station for having allegedly committed offences punishable under

Sections 3(1), 25(1-B)(a) of the Arms Act, 1959.

2.

The prosecution case in brief is that on 11/07/2021 at about 04.50 pm the petitioner was intercepted by the Police party and he was found to be in

possession of a country made gun and a bullet and he was, therefore, arrested and the gun was seized.

3.

Custodial interrogation of the petitioner was sought from the Magistrate and he was subjected to interrogation. Recovery of the weapon has already

been completed and nothing more remains to be recovered, but the learned Public Prosecutor submits that the petitioner has not revealed the source of

the acquisition of the gun. However, the petitioner has no other criminal antecedents and he is not involved in any other crime. Therefore, further

detention of the applicant need not be necessary.

The application is allowed and he is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only), with two solvent

sureties, for the like amount to the satisfaction of the jurisdictional court and on conditions that:-

i. He shall appear before the Investigating Officer on all Saturdays between 10 A.M. and 12 noon for a period of two months or till the final

report is filed, whichever is earlier.

ii. He shall appear before the Investigating Officer as and when called for and shall co-operate with the investigation.

iii. He shall not attempt to influence or intimidate the witnesses; and

iv. He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.