IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Bail Appl..No. 6641 of 2008() ---------------------------------------- CRIME NO.325/2008 OF IRIKKUR POLICE STATION .......... PETITIONER(S) ------------------------- K.ABDUL RAZACK S/O.K.V.ABUTTI HAJI, ASHRAFF MANZIL, P.O.PERUVALATHUPARAMBA, IRIKKUR AMSOM,KALINGA DESOM, THALIPPARABA TALUK, KANNUR DISTRICT. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): ------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, IRIKKUR POLICE STATION BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6641 of 2008 ----------------------------------------- Dated this the 16th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 3 and 5 of the Explosives Act. According to prosecution, de facto complainant lodged a complaint alleging that some country bomb was exploded at his house and the door was damaged etc. After registration of the case, on investigation it was revealed that de facto complainant's brother, who is the petitioner committed the offence. 3. There is no representation for the petitioner. The crime was registered as early as on 17.10.2008. Learned Public Prosecutor submitted that petitioner was not available for interrogation. He was evading interrogation on the allegation that he was at Chennai, but as per reliable information and documents, it is understood that petitioner was not at Chennai as alleged. Petitioner was evading arrest and investigation. Interrogation of petitioner is essential for ascertaining the materials which are within his exclusive knowledge. Though the crime is registered about three months back and petition was filed prior to the registration of the crime, petitioner's counsel is not getting ready to argue the case, it is submitted. BA.6641/08 2 4. On going through the records and on hearing learned Public Prosecutor, considering the nature of serious allegations made and the nature of investigation required, I am satisfied that it is not a fit case to grant anticipatory bail. Petitioner is directed to surrender before the investigating officer and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.