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2008 Supreme(Online)(KER) 51519

HIGH COURT OF KERALA
K.HEMA, J
DINI BABU – Appellant
Versus
STATE OF KERALA REPRESENTED – Respondent


O R D E R

This petition is for anticipatory bail.

2. The alleged offence is under Section 5 of Explosive Substance Act and Section 27 of Arms Act. According to prosecution, police conducted a search in the house of first accused, on knowing that some contraband articles are kept in the house. From a shed attached to the house, articles like axe, country bomb, sword, hammer, air-gun etc. were recovered. On reaching the spot, police found four persons running away from the shed. Those persons included the petitioner, who is the third accused. The incident occurred on 3.10.2008 at 3.30 p.m.

3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. There is absolutely no materials to connect petitioner with the crime. Even if the entire allegations are admitted, the article is seized from the house of the first accused and not that of petitioner and he has nothing to do with the articles. Therefore, anticipatory bail may be granted, it is submitted.

BA No.6879/2008 2

4. This petition is strongly opposed. Learned public prosecutor submitted that petitioner has criminal background. He is involved in various crimes including offence under Section 307 IPC.

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