Single judge order allowing bail to the second accused in an Arms Act case involving recovery of a country gun. The court permitted the petitioner to surrender within ten days for interrogation subject to bail conditions.
Bail allowed subject to paying bond of Rs.50,000 with two sureties and surrendering for interrogation within 10 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943 BAIL APPL. NO. 2350 OF 2021
O.R.NO. 1/2021 OF POTHUNGAL FOREST STATION OFFICE, MALAPPURAM
PETITIONER/ACCUSED:
SULAIMAN P AGED 57 YEARS PALLIKKUNNEL HOUSE, KALKUNDU PO, KARUVARAKUNDU, NILAMBUR, TALUK, MALAPPURAM DISTRICT MALAPPURAM, PIN - 679334 BY ADV P.SAMSUDIN
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN – 682031
BY SMT. SREEJA V., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl.No.2350 OF 2021 2
ORDER
The petitioner is the second accused in O.R. No. 1/2021 of Pothukal Forest Station, Malappuram. Now the petitioner seeks bail under Section 438 of the Code of Criminal Procedure.
accused were moving on a scooter, they were intercepted by the police and having found them carrying a country gun, Crime No. 279/2020 of Pothukal police station was registered invoking provisions under the Arms Act. The gun was recovered. Later, during questioning, the petitioner fainted and was granted regular bail, while undergoing treatment in hospital. This crime was registered on the strength of the confession statement of the co-accused to the effect that he was also privy to poaching in reserve forest for which he had supplied gun.
some health issues, that he has already undergone angioplasty.
Bail Appl.No.2350 OF 2021 3
interrogation is not necessary for the case. In the circumstances, if advised, he can surrender before the Investigating Officer within ten days from today and after interrogation, in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/-(Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation; shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.
This bail application is allowed as above.
Sd/-
K.HARIPAL
JUDGE
DCS/08.07.2021
2 issues framed by the court
Whether to grant bail to the second accused in a case under the Arms Act involving recovery of a country gun.
Whether custody of the petitioner is necessary considering his health conditions.
2 provisions across 2 enactments
Sulaiman P
State of Kerala
K.Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
