IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Bail Appl..No. 1418 of 2009() ----------------------------- CRIME NO. 79/2009 OF NILESHWAR POLICE STATION PETITIONER/ACCUSED NO.1 TO 4 ------------------------------------------------ 1. P.M.AYISHABI, AGED 50 YEARS, W/O.MUSAFI MUSTHAFA, KOTTAPURAM P.O., NILESHWAR, KASARAGOD DISTRICT. 2. P.M.HARIPHA, AGED 46 YEARS, W/O.M.MOHAMMED KUNHI, ANJUKANDI, KANNUR, KANNUR DISTRICT. 3. P.M.HARISH, AGED 42 YEARS, S/O.M.MOHAMMED KUNHI, ANJUKANDI, KANNUR, KANNUR DISTRICT. 4. MUSAFI MUSTHAFA, AGED 56 YEARS, S/O.LATE ABDUL RAHMAN, KOTTAPURAM P.O., NILESHWAR, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. NILESHWAR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1418 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 24th day of March, 2009 O R D E R Petitioners who are accused 1 to 4 in Crime No.79/2009 of Nileshwar Police Station for offences punishable under Sections 3 and 5 of Explosive Substances Act, seeks anticipatory bail. 2. The allegation against the petitioners is that fire broke out in the factory, which had licence to manufacture of crackers, due to the negligent handling of explosives resulting in the death of one person and five persons were injured. 3. The learned Public Prosecutor opposed the application and submitted that 4th petitioner is not an accused in this case. If that be so, apprehension of arrest and harassment entertained by the 4th petitioner are unfounded and his request for anticipatory bail is disallowed. There is no reason why petitioners 1 to 3 should not surrender before the Investigating Officer and seek regular bail before the Magistrate after their interrogation. 4. Accordingly, petitioners 1 to 3 shall surrender before the investigating officer on any day between 28-3-2009 and 31-3- 2009 for the purpose of interrogation and recovery of incriminating material, if any. Petitioners 1 to 3 shall thereafter be produced on the same day before the Magistrate who shall consider and dispose BA 1418/09 -2- of their application for regular bail, preferably on the same date on which it is filed. This petition is disposed of as above. V. RAMKUMAR, JUDGE. mn.