IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Bail Appl..No. 5090 of 2009 CRIME NO.196 OF 2009 OF PERINGOME POLICE STATION PETITIONER: ACCUSED: ------------------------------ GANESHAN P., S/O KUNJIRAMAN, AGED 32 YEARS, KADAMKUNNU, PERINGOME AMSOM, THALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.M.R.HARIRAJ SRI.P.A.KUMARAN SRI.SURAJ.S SRI.N.S.SUJITH KUMAR RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PERINGOME POLICE STATION, PERINGOME. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5090 OF 2009 ------------------------------------------------------ Dated this the 16th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.196 of 2009 of Peringome Police Station. 2. The offence alleged against the petitioner is under Section 5 of the Explosive Substances Act. 3. The prosecution case is that on 3.8.2009, 4.5 kilograms of gun powder, ten metres of fuse wire and ten detonators were seized by the police from a shed in the possession of the petitioner. The petitioner is running a quarry. It is submitted that he has the necessary licence to run the quarry. The shed in question is near the quarry. The petitioner does not have a licence to keep the explosive substances. 4. Learned counsel for the petitioner submitted that the admitted facts would only attract Section 9(B) of the Explosives Act B.A. NO. 5090 OF 2009 :: 2 :: and not Section 5 of the Explosive Substances Act. It is submitted that offence under Section 9(B) of the Explosives Act is a bailable offence. Learned Public Prosecutor submitted that the facts and circumstances would clearly make out an offence under Section 5 of the Explosive Substances Act. For the purpose of disposal of this Bail Application, I do not think, it is necessary to arrive at a final conclusion on this disputed question of law and fact. 5. The petitioner is admittedly running a quarry. There is no case that he is involved in any other offence. In the facts and circumstances, the contentions put forward by the petitioner assume some importance. In the facts and circumstances, 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 on his executing bond for Rs.25,000/- 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 alternate Mondays, till the final report is filed or until further orders; B.A. NO. 5090 OF 2009 :: 3 :: 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 ahz/