IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 3097 of 2009() -------------------------------------- CRIME NO. 196/2009 OF NADAPURAM POLICE STAITON, KOZHIKODE PETITIONER/5TH ACCUSED ------------------------------------------ MUHAMMED ASHRAF,S/O.P.K.ALI, AGED 30/09,CHULLIYATTUPOYIL HOUSE, MANIPURAM,KODUVALLY. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT/ COMPLAINANT : ------------------------------------------------ STATE,REP.BY S.I.OF POLICE, NADAPURAM POLICE STATION, (CRIME 196/2009) REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3097 of 2009 ------------------------------------ Dated this the 16th day of June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal procedure. The petitioner is the 5th accused in Crime No.196/2009 of Nadapuram Police Station, Kozhikode. 2. The offence alleged against the petitioner is under Section 5 of the Explosive Substances Act. 3. The petitioner was arrested on 29/05/2009 and he is in judicial custody. The other accused were granted bail by this Court vide B.A. No.3152/2009. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nadapuram subject to the following conditions:- B.A. No. 3097/ 2009 2 A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. 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 not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm