IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Bail Appl..No. 4898 of 2010() -------------------------------------- CMP.2354/2010 of DISTRICT COURT, PALAKKAD CRIME NO.145/09 OF CHERPULASSERY POLICE STATION, PALAKKAD .................... PETITIONERS (S): -------------------------- 1. RAJESH, S/O.RAMAN, AGED 30 YEARS, CHENIYARA PARA, EZHUVAMTHALA, NELLAI, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679 335. 2. SUDARYAN, S/O.KUNJADI, AGED 33 YEARS, THIRUTHIYAPADY, KULUKKALLOOR, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679 337. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SRI.M.T.AJITH SMT.S.REKHA KUMARI SMT.BINDU A SMT.SAJITHA GEORGE SRI.ABHISHEK KURIAN RESPONDENT(S): ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR. P.A. SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------------- B.A.No.4898 OF 2010 --------------------------------------- Dated this the 18th day of August, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 304, 268 r/w 34 IPC and Sec.9(B)(1)(a)(b) of Explosive Substances Act. Petitioners are the President and Secretary of a Sub Committee which was formed to conduct a festival in a temple. Some of the crackers which were found unused were used by three teenagers, exploded by them and one of them died because of the explosion and two others sustained injuries. 3. Learned counsel for petitioner submitted that fire works were conducted in the temple premises under license. Three teenagers picked up some unexploded crackers from a paddy field and they tried to explode the same by using stone. Explosion was caused, and one of them died due to injury sustained in explosion. Others sustained injuries. But the petitioners have no role in causing the explosion. One of the statements recorded by injured, who was anticipating his death (he survived subsequently), he had admitted that three of them had taken the crackers from the courtyard of the house and they exploded the same at the paddy field. It is also pointed out that B.A. No.4898/10 2 crime was originally registered against the three teenagers but subsequently petitioners are implicated. 4. Learned public prosecutor submitted that even as per the materials in the case diary the injuries were caused when teenagers tried to explode the crackers by using stone and they picked up the crackers when they happen to see them. He has no objection in granting anticipatory bail. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted. Hence the following order is passed: 1) Petitioners shall, in the event of arrest, be released on bail, on his executing a bond for Rs.25,000/- with two solvent securities each for the like amount to the satisfaction of arresting officer on the following conditions: i) Petitioners shall report before the investigating officer as and when directed and co-operate with investigation. ii) Petitioner shall not influence or intimidate the witnesses or tamper with evidence. 2) This order will be in force only for a period of 30 days from today. In the meantime, petitioner shall seek regular bail from court concerned in accordance with law. This petition is allowed. K. HEMA, JUDGE. Sou.