JOSE THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for Regular Bail

(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.