IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 8775 of 2011() ---------------------------------- CRIME NO.702/2011 OF VARANDARAPPILLY POLICE STATION, THRISSUR DISTRICT) .................... APPLICANT/1ST ACCUSED: --------------------------------- SATHEESAN, S/O.KUMARN, MELITTA HOUSE, ANCHERY DESOM, OLLUR VILLAGE, THRISSUR DISTRICT. BY ADVS. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): COMPLAINANT: ---------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO.8775 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the first accused in Crime No.702/2011 of Varandarappilly Police Station for the offences under Sections 3 and 4 of Explosive Substance Act. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Though, he applied before the Thrissur Sessions Judge seeking an order directing the respondent to release the petitioner on bail on the event of arrest. The learned Sessions Judge dismissed as evidenced by Annexure A order. Now, this petition. 3. Having heard either side, I find that the petition was implicated as the owner of the property, where the explosive substance were keeping and used for quarrying. Therefore, I find that it would be appropriate to release the petitioner on bail on conditions. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, who, after interrogation, shall release the petitioner on bail on executing a bond for B.A. NO.8775 OF 2011 2 Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions :- 1. Petitioner shall report before the Investigating Officer for interrogation as and when required. 2. Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 3. Petitioner shall not leave Thrissur District without the previous permission of the Investigating Officer. 4. This order shall be in force for a period of one month, within which period the petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioners and produce him before the Magistrate concerned. Other petitioners are dismissed with liberty to surrender before the Investigating Officer. P.S.GOPINATHAN, JUDGE amk