IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Bail Appl..No. 5706 of 2008() ----------------------------- CRIME NO.225/08 OF VIZHINJAM POLICE STATION .................... PETITIONER:A2 ------------------------------ VISWAN, AGED 40, S/O. SANKARAN, LEKSHAM VEEDU COLONY, KATTUKULAM, VENNIYOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENT: ------------- THE SUB INSPECTOR OF POLICE VIZHINJAM POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5706 of 2008 ------------------------------------------------- Dated this the 17th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The police seized 36 boxes of fish from a Mahindra pickup van on 9.6.2008 on the belief that the fishes were caught by using explosives by fishermen. Petitioner is a driver of the vehicle. A crime was registered under Section 5 of the Explosive Substances Act. Petitioner was not arrested from the spot since he ran away. 3. Learned counsel for the petitioner submitted that the petitioner is only a driver of the vehicle and he has no connection with fishing or use of any explosive substances. The co-accused who allegedly purchased the fish was granted anticipatory bail by this Court as per order dated 17.7.2008 in B.A.No.4340/08. 4. Learned public prosecutor submitted that he has no objection in granting anticipatory bail to the petitioner on conditions. Hence, the following order is passed: Petitioner shall surrender before the Investigating Officer within seven days from BA No.5706/08 2 today and in case of his arrest, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that he will co-operate with the investigation and report before the Investigating Officer as and when directed. The petition is allowed. K.HEMA, JUDGE csl