IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1227 of 2010() -------------------------------------- CRIME NO.95/2010 OF MATTANNUR POLICE STATION, KANNUR. .................... PETITIONER/3RD ACCUSED: ---------------------------------------- T.V.SATHYANANDAN S/O.DAMODARAN NAMBIAR, AGED 40 YEARS VALIYAVEEDU, MUTTANNUR, KOODALI KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT: ---------------------------------------------- THE STATION HOUSE OFFICER MATTANNUR POLICE STATION,KANNUR DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1227 of 2010 ------------------------------------ Dated this the 11th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.95/2010 of Mattannur Police Station, Kannur. 2. The offence alleged against the petitioner is under Section 4 of the Explosive Substances Act. 3. On 28/1/2010, the Sub Inspector of Police, Mattannur Police Station got secret information that explosive substances were being stored in a building belonging to accused No.3. The police party along with the witnesses went to the building owned by the 3rd accused. They reached the place at 8.45 P.M. At that time, the police party found that three persons were stacking something in the room. On seeing the police party, they ran away. The police apprehended two of them. They are accused Nos.1 and 2. Accused Nos. 1 and 2 as well as the witnesses who were called to witness the search, stated that the person who ran away was accused B.A. No. 1227/2010 2 No.3. He could not be arrested. 4. On search of the aforesaid premises, the police party also found large quantities of explosive substances. A total number of 95 gunds were found from the place. Apart from that, three sacs of Potassium Nitrate, one sac of Suphur, 45 polythene covers each cover containing 1 Kg of Sodium Nitrate, 2Kgs of gun powder and other accessories were found. 5. The offences alleged against the accused are grave in nature. Custodial interrogation of the petitioner may be required in the case. 6. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. I am also of the view that if anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm