IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Bail Appl..No. 3169 of 2010() ---------------------------------------- CRIME 312/2010 OF KURUPPUMPADY POLICE STATION. ........... PETITIONERS/ACCUSED NOS.1 & 2: -------------------------------------------------- 1. PRASANTH, AGED 33, S/O.GOPALAKRISHNAN NAIR, PUTHENPURA VEEDU, EDAYATHKUDI, NEAR RAMAMANGALAM POLICE STATION, RAMAMANGALAM VILLAGE, ERNAKULAM DISTRICT. 2. BIJU, AGED 31, S/O.ULAHANNAN, NIRAVATHU VEEDU, NEAR POST OFFICE, EAST MARADU VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.B.RAMAN PILLAI RESPONDENT(S): COMPLAINANT: --------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3169 of 2010 ------------------------------------ Dated this the 26th day of May, 2010 O R D E R This petition is for bail. 2. The alleged offence is under Section 4(b)(1) of the Explosive Substances Act. According to prosecution, Sub Inspector, on getting prior information that huge quantity of explosive substances stored in a room in Anna granite, he reached there at 10.30 A.M. and seized huge quantities of Ammonium nitrate, detonators etc. The incident happened on 05.05.2010 and petitioners, who are employees of the Anna Granite were arrested from the spot. 3. Petitioners were produced before the Magistrate Court on 06.05.2010 and they are in custody for the past 21 days. Learned counsel for petitioners submitted that offence under Section 4 (b) (1) of explosive substances will not be attracted in this case. To attract the offence under Section 4(b)(i). Accused must have intention to endanger life or property. In the remand report, it is stated that the articles belong to Sri. Thomas, who is an licencee of a quarry and the contra band articles were used B.A. No. 3169 of 2010 2 for quarrying and Sri.Thomas is having licence for quarrying. 4. It is clear from the remand report itself that the articles seized from the premises of Anna granite belong to another person, who is having licence on quarrying. Only because the contraband articles were seized from the premises of Anna granite where the petitioners are the employees they are implicated as accused. No criminal intention can be attributed to petitioners to commit alleged offence, it is submitted. Learned counsel for petitioner submitted that in the remand report itself that this articles were used for the purpose of blasting rocks. 5. It is also submitted that if at all the entire allegations are accepted, the offence attracted will lie under Section 9 (b)(b) of the Explosive Substances Act, which is a bailable offence. The licencee, Thomas is not an accused in the crime at present. 6. Learned Public Prosecutor pointed out that the same ground was raised before the learned Sessions Judge and it was considered at paragraph 5 of Annexure B order. The quantity of article seized is huge and this can be used for endangering life or property also. B.A. No. 3169 of 2010 3 7. On hearing both sides, considering the submissions made by the learned counsel for petitioners with reference to the remand report, I find that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the Investigating Officer on every Monday, between 10 A.M. and 1 P.M., until further orders. ii) In case, petitioners are involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln