IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 2669 of 2009() ----------------------------- CRIME NO.233/2009 OF VENJARAMOODU POLICE STATION PETITIONER/ACCUSED -------------------------------------- MOHANACHANDRA KURUP, S/O.BALAKRISHNA PILLAI, AGED 53 YEARS, RESIDING AT THIRUVATHIRA, THEEPPUKKAL, SANTHIGIRI, KOLIYAKODE, THIRUVANANTHAPURAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, VENJARAMMOODU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.2669 of 2009 --------------------------------------------- Dated this the 28th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.233 of 2009 of Venjaramoodu Police Station. 2. The offences alleged against the petitioner are under Sections 304 of the Indian Penal Code and Sections 3, 5 and 6 of the Explosive Substances Act. 3. The prosecution case is that the petitioner being a registered dealer of explosive substances supplied such substances to the unlicensed contractors and thereby, committed the offence. The unlicensed contractors used the articles for manufacture of fire works. As a result of the mishap in fire works, two persons died. 4. Learned counsel for the petitioner submitted that there is nothing to indicate that the petitioner sold the explosive substances to the unlicensed contractors. BA No. 2669/2009 2 5. I have perused the case diary. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl