IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6462 of 2011() ----------------------------- CRIME NO.375/2011 OF PAZHAYANNOOR POLICE STATION THRISSUR DISTRICT APPLICANT/ACCUSED ------------------- MOHANAN, AGED 50, KRISHNA NIVAS, CHEERAKUZHY DAM ROAD, P.O.PAZHAYANNOOR, TALAPPILLY TALUK. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN SRI.M.REVIKRISHNAN RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, PAZHAYANNOOR POLICE STATION. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6462 of 2011 ---------------------------------------------- Dated this the 25th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.375 of 2011 of Pazhayannoor Police Station. 2. The offences alleged against the petitioner are under Sections 4(1) read with Section 21(1) of the Mines & Minerals Act, 9(B) (1)(b) of the Explosives Act and 3 of Explosive Substances Act. 3. When the Bail Application came up for admission on 12/08/2011, the following order was passed: “3. The allegation is that the petitioner was running an unlicensed quarry and thereby he committed the offences as aforesaid. The petitioner relies on Annexure-B agreement dated 30/03/2010 by which the petitioner granted a lease of the quarry to one Sundaran for the period from 30/03/2010 to 30/03/2012 on a yearly rent of `25,000/-. It is submitted that the petitioner is in no way connected with the quarrying operation. Bail Appln.No.6462/2011 : 2 : 4. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 18/08/2011 and 19/08/2011. 5. Post on 25/08/2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.375 of 2011 of Pazhayannoor Police Station, till 27/08/2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 12/08/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 12/08/2011 has been complied with by the petitioner, 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 Appln.No.6462/2011 : 3 : bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays for a period of two months 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 to the extent indicated above. K.T.SANKARAN, JUDGE skj