IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 1952 of 2010 CRIME NO.242 OF 2009 OF SREEKANDAPURAM POLICE STATION, KANNUR PETITIONER/ACCUSED -------------------------------------- M.P.MUHAMMAD KUNHI, AGED 50 YEARS, S/O.POCKER, MOOSAMKUNNIL PUTHIYAPURAYIL, THALIPARAMBA AMSOM DESOM, THALIPARAMBA POST, THALIPARAMBA TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, SREEKANDAPURAM POLICE STATION, KANNUR. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, ALONGWITH B.A.NO.1954 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS. 1952 & 1954 OF 2010 ------------------------------------------------------ Dated this the 5th day of April, 2010 O R D E R These Bail Applications are filed under Section 439 of the Code of Criminal Procedure by M.P.Muhammad Kunhi, who is the second accused in Crime No.77 of 2009 of Payyavoor Police Station and who is the sole accused in Crime No.242 of 2009 of Sreekandapuram Police Station. B.A.No.1954 of 2010 relates to Crime No.77 of 2009 of Payyavoor Police Station and B.A.No.1952 of 2010 is in respect of Crime No.242 of 2009 of Sreekandapuram Police Station. 2. In Crime No.77 of 2009, the prosecution case is that on 14.7.2009, the first accused was found in possession of explosive substances near his quarry. The allegation is that the first accused purchased the explosive substances from the petitioner. The offence alleged is under Section 5 of the Explosive Substances Act. 3. The prosecution case in Crime No.242 of 2009 referred to B.A. NOS.1952 & 1954 OF 2010 :: 2 :: above is that on a search conducted in the shop belonging to the petitioner on 4.11.2009, large quantity of explosive substances were found and the petitioner was not authorised to keep those explosive substances. 4. The petitioner moved applications for anticipatory bail before this Court and those applications were dismissed. He filed applications for anticipatory bail again and those applications were also dismissed. Thereafter, the petitioner surrendered before Court on 10.3.2010 and he was remanded to judicial custody. The investigation in the case has progressed much. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thaliparamba, subject to the following conditions: B.A. NOS.1952 & 1954 OF 2010 :: 3 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter, on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall surrender the passport before the Judicial Magistrate of the First Class, Thaliparamba, within one week. If the petitioner does not hold an Indian passport, an affidavit to that effect, sworn to by him, shall be filed before the learned Magistrate within one week; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/