IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1500 of 2008() ----------------------------- CRIME NO.139/2008 OF PATTAMBI POLICE STATION : PETITIONERS/ACCUSED 1 TO 3 ---------------------------- 1. M.P.UDAYAVARMAN S/O.LATE MAICHAN ERADI, AGED 75 YEARS 'UDAYAMANDIRAM' POST MELEPATTAMBI PATTAMBI, PALAKKAD DISTRICT. 2. A.P.MANIKANDAN AGED 35 YEARS, S/O. CHAMI AMBALAPARAMBIL VEEDU, CHUNDAMPATTA, OTTAPALAM TALUK. 3. K.BALACHANDRAN, S/O.;LATE KUTTANAMKUZHI RAMAN THIRUMULPPAD AGED 64 YEARS, CHUNDAMPATTA, PATTAMBI, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: ------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM,REPRESNTING SUB INSPECTOR OF POLICE PATTAMBI POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1500 of 2008 ---------------------------------------- Dated this the 11th day of March 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered alleging offences punishable under the Explosives Act. Petitioners are office bearers of a temple committee. There was an unforeseen fire accident in connection with the festival celebrations of the said temple. Some persons had suffered injuries. Investigation is in progress. The petitioners apprehend imminent arrest. It is submitted that the petitioners are respectable persons of the locality. They are not guilty of any overt act or negligence which had led to the explosion. Merely because they happened to be office bearers of the temple committee, false allegations have been raised against them, it is submitted. It is hence prayed that anticipatory bail may be granted to the petitioners. 2. The learned Public Prosecutor does not oppose the application and I am satisfied that the petitioners can be granted anticipatory bail subject of course to appropriate conditions which shall secure the interests of a fair and efficient investigation. B.A.No.1500/08 2 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 17/03/2008. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 1 p.m on 18/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear as and when directed by the investigating officer in writing to do so. B.A.No.1500/08 3 (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 17/03/2008, they shall be released from custody on their executing a bond for Rs.25,000/-(Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 17/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1500/08 4 B.A.No.1500/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007