PRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No. 643 of 2009 of Vizhinjam Police Station.

(2.) The offences alleged against the accused persons are under Section 3 read with Section 25(l)(a) of the Arms Act and Sections 52A and 109 read with Section 34 of the Indian Penal Code.

(3.) The gist of the prosecution case is the following: The police got information that one Kumar was making attempt to commit suicide since his wife started residing with the first accused, namely, Prakash, in a rented house. Kumar went to that house and requested for returning certain documents. The second accused, Saji Devi, who is the wife of Kumar, said that no document was with her. The children of Kumar said that the documents are kept in the almirah. Kumar inspected the almirah. At that time he found a country made revolver kept concealed in the almirah. Kumar gave information to the police. The police conducted a search. The prosecution alleges that accused Nos. 1, 3 and 4 together took the house on rent from the land owner. It is also alleged that accused No. 4 harboured the second accused.