IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 Bail Appl..No. 4289 of 2011() ----------------------------- CRIME NO.506/2011 OF KADAKKAL POLICE STATION CMP.3106/2011 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONERS/ ACCUSED 1&2 ------------------------------- 1. LOKANATHAN, S/O.VENKITTARAMAN, HOUSE NO.67, SANKARAN PILLYAR KOVIL STREET, VADAKKU PUTHOOR VILLAGE, THIRUVALVELI, TAMILNADU. 2. MANIMARAN, S/O.CHELLAYA, RANI HOUSE, THAMAS NAGAR, PILLAYAR THERUVIL ROAD, SANKARAN PILLYAR KOVIL STREET, VADAKKU PUTHOOR VILLAGE, THIRUVALVELI, TAMILNADU. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT ------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.4289 of 2011 - - - - - - - - - - - - - - - - DATE: 06.06.2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioners, who are accused Nos.1 and 2 in Crime No.506/2011 of Kadakkal Police Station for an offence punishable under Section 5 of the Explosive Substance Act, seek their enlargement on bail. The petitioners were arrested on 28.4.2011. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor opposed the application contending, inter alia, that the 1st accused though having his address at Thirunelveli is a Sri Lankan citizen and merely because the 3rd accused had been granted bail, the petitioners could not be enlarged on bail and the 1st petitioner if released on bail will flee from justice. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case, the presumption of innocence until found guilty after trial and the other B.A. No. 4289/2011 2 circumstances of the case etc., I am inclined to grant bail to the petitioners but only from a future date. Accordingly, the petitioners are directed to be released on bail w.e.f 13.06.2011 on each of them executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent local sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays until the final report is filed. 2. Except for the purpose of complying with Condition No.1, the petitioners shall not enter the limits of Kadakkal Police Station until further orders to be passed by the court concerned. 3. The petitioners shall not leave the territory of Kerala State without the written permission of the court concerned. 4. The petitioners shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police or to any other person in authority. 5. The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer at any time till the filing of the final report. B.A. No. 4289/2011 3 6. The petitioners shall not establish any contact with any of the witnesses or accused in the case. 7. The petitioners shall not influence or intimidate the prosecution witnesses or the victims nor shall they attempt to tamper with the evidence for the prosecution. 8. The petitioners shall not commit any offence while on bail. 9. The petitioners shall notify to the Court their place of residence before executing the bail bond. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Dated this the 6th day of June, 2011. V.RAMKUMAR, JUDGE. sj