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2021 DIGILAW 350 (KER)

Jose Thomas, S/O Thomas v. State Of Kerala

2021-03-26

ASHOK MENON

body2021
ORDER : APPLICATION FOR REGULAR BAIL The applicant is the sole accused in Crime No.158 of 2021 of Kattappana Police Station, Idukki, for having allegedly committed offences punishable under Sections 3 and 25(1B) (a) of the Arms Act and under Section 9(B)(1)(b) of the Indian Explosives Act, 1884. The prosecution case, in brief, is this: 2. On 08.03.2021, at about 6.00 PM, the applicant was found to be in possession of an Air Rifle, Air Pistol, wooden parts of country made guns, springs, 107 grams of gun powder, 59 grams of pottas, 77 grams of sulphur, a steel rod used for cleaning of guns, 50 bullets, 18 empty cases in his house at Kuttiyavayalil house in Pallinirappu Bhagam, Vazhavara Kara in Erattayar Village, without any license or authority to store these articles. The applicant states that he is innocent and the allegations are not true. He has been in remand since 09.03.2021. He was also subjected to custodial interrogation. And, therefore, further detention may not be serving any purpose. He seeks bail. 3. Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor has admitted that the applicant was subjected to custodial interrogation. But, nothing was revealed by him regarding the source of the ammunition which was recovered from him. The applicant admittedly has no criminal antecedents. Possession of ammunition is definitely in violation of the Arms Act. And, therefore, the complicity of the applicant is established. But, at the same time, the fact that the applicant has no criminal antecedents and that he has been subjected to custodial interrogation, further detention of the applicant may not be necessary. 4. In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/-(Rupees One lakh only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions: (i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of two months or till filing of the final report whichever is earlier. (ii) He shall also surrender his passport before the jurisdictional court and shall not go abroad or get the passport released without the permission of the jurisdictional court. (iii) He shall not intimidate or influence witnesses and tamper with evidence. (ii) He shall also surrender his passport before the jurisdictional court and shall not go abroad or get the passport released without the permission of the jurisdictional court. (iii) He shall not intimidate or influence witnesses and tamper with evidence. (iv) He shall not get involved in similar offences during the currency of the bail period. 4. 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. 5. The bail application is allowed.