Gafoor P.T vs State Of Kerala
2022 Latest Caselaw 10133 Ker

Citation : 2022 Latest Caselaw 10133 Ker
Judgement Date : 15 September, 2022

Kerala High Court

Gafoor P.T vs State Of Kerala on 15 September, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                        BAIL APPL. NO. 6298 OF 2022
PETITIONER/ACCUSED NO.2:

            GAFOOR P.T., AGED 51 YEARS
            S/O. KUNHEETHU P.T.,
            POTHIYIL THOTTIPPARAMBIL HOUSE,
            PANAMBI, THAZHEKODE,
            AMMINIKKAD, MALAPPURAM, PIN - 679322

            BY ADVS.
            NIKITA J. MENDEZ
            P.M.RAFIQ
            M.REVIKRISHNAN
            AJEESH K.SASI
            SRUTHY N. BHAT
            RAHUL SUNIL
            SRUTHY K.K
            K.I.SAGEER
            MUHAMMED YASIL
            K.M.NASARUDHEEN
            P.VIJAYA BHANU (SR.)


RESPONDENT/COMPLAINANT & STATE:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
            PIN - 682031


OTHER PRESENT:

            PP - SMT, NIMA JACOB


     THIS   BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No. 6298 of 2022                     2

                VIJU ABRAHAM, J.
              -------------------
             B.A. No. 6298 of 2022
       ----------------------------------
   Dated this the 15th day of September, 2022

                                ORDER

Application for anticipatory bail.

2. Petitioner is the 2nd accused in Crime No.682

of 2022 of Perinthalmanna Police Station, Malappuram

District registered alleging commission of offences

punishable under Sections 3 r/w Section 25(1)(a) of

the Arms Act.

3. The prosecution allegation is that, on

01.07.2022 at about 22.30 hours the police party

from the Penrinthalmanna Police Station searched the

house of accused No.1 and found an unlicensed

country made gun from the firewood shed of the 1 st

accused. The 1st accused stated that the said gun

was entrusted to him by the 2nd accused and thus

committed the above said offences.

4. The petitioner submits that he has been

falsely implicated in the above said crime and

absolutely no connection with the alleged incident.

Petitioner submitted that some disputes arosed

between him and the 1st accused and only on the said

animosity that the 1st accused trapped the

petitioner in the alleged crime.

5. Heard the learned counsel for the petitioner

and the learned Public Prosecutor.

6. The learned Public Prosecutor opposed the

application for bail mainly contending that the

country made gun was entrusted to the 1st accused by

the 2nd accused. It is admitted that the country

made gun is already seized. Learned Public

Prosecutor further submitted that the petitioner has

no other criminal antecedents.

7. Having regard to the facts and circumstances

of the case, and nature of the allegations,

custodial interrogation may not be required for the

purpose of investigation. Petitioner undertakes to

fully co-operate with the investigation.

Therefore, I am inclined to grant anticipatory bail

to the petitioner, but on stringent conditions. The

above bail application is allowed with the

following directions. The petitioner shall

surrender before the investigating officer on

20.09.2022 and make himself available for

interrogation on that day or on any other day or

days as directed by the investigating officer. In

the event of arrest of the petitioner in Crime

No.682 of 2022 of Perinthalmanna Police Station, he

shall be produced before the jurisdictional

Magistrate on the same day and be released on bail

on the following conditions:

(i) The petitioner shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No.682/2022 of Perinthalmanna Police Station as and when summoned to do so;

(iii) The petitioner shall co-operate with the investigation and make himself available for interrogation whenever so required;

(iv) The petitioner shall not tamper with any evidence;

(v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;