Research › Search › Judgment

Kerala High Court · body

2019 DIGILAW 551 (KER)

Casey Paul Perez v. State of Kerala

2019-07-10

B.SUDHEENDRA KUMAR

body2019
ORDER : B. Sudheendra Kumar, J. The petitioner is the accused in Crime No.714/2019 of Nedumbassery Police Station, registered for the offence punishable under Section 3 read with Section 25(lB)(a) of the Arms Act. 2. The prosecution allegation is that the petitioner was found in possession of two bullets, without having any authority, when he reached the International Airport, Cochin on 24.06.2019 at about 6.40 p.m. 3. The petitioner was arrested from the spot and ever since he has been in custody. 4. Heard. 5. The learned Public Prosecutor has submitted that the investigation so far conducted has revealed that the petitioner came to India, for the purpose of giving training for the staff of one of the companies in Infopark, Cochin. It has been submitted by the learned counsel for the petitioner that the petitioner possessed the bullets without having the knowledge that the possession of the bullets was forbidden in Indian, as the same is not an offence in the United States of America, where the petitioner belongs. It has been further submitted by the learned counsel for the petitioner that the petitioner was not having conscious possession of the said bullets. 6. The learned Public Prosecutor has also submitted that the petitioner had no intention to use the said bullets for any anti-social activity. It has been further submitted by the learned Public Prosecutor that the petitioner is having valid documents to reside in India for one year. The learned counsel for the petitioner has submitted that the company has agreed to provide accommodation to the petitioner in India. Considering the facts and circumstances of the case, including the submission at the Bar, I am inclined to grant bail to the petitioner, particularly when it appears that the major part of the investigation is almost complete. In the result, this application stands allowed and the petitioner shall be enlarged on bail, on condition of the petitioner executing a bond for Rs.35,000/-(Rupees thirty five thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Jurisdictional Magistrate and subject to the following further conditions:- 1. The petitioner shall furnish the details of his place of residence in Kerala before the court below, before being enlarged on bail. 2. The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation. 3. The petitioner shall furnish the details of his place of residence in Kerala before the court below, before being enlarged on bail. 2. The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation. 3. The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation. 4. The petitioner shall not get involved in any other offence during the pendency of this case. 5. The petitioner shall not leave the jurisdiction of the Sessions Division, Ernakulam, without the leave of learned Magistrate, until further orders. 6. The petitioner shall co-operate with the investigation. Needless to say that if the petitioner violates any of the above said conditions, the court below shall be at liberty to proceed against the petitioner in accordance with law, without any reference to this Court as held by the Apex Court in P.K. Shaji v. State of Kerala [ AIR 2006 SC 100 ].