IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Bail Appl..No. 2110 of 2010() ---------------------------------- CRIME NO. 183/2010 0F BALUSSERY POLICE STATION, KOZHIKODE ................. PETITIONER/ACCUSED NO.2 TO 6: ---------------------------------------- 1. C.K.VINODAN, AGED 62 YEARS, S/O.RAYIRAN (LATE),CHEERMAN, KUZHIYIL HOUSE, NANMINDA P.O., KOZHIKODE TALUK. 2. C.SUJITH, AGED 31 YEARS, S/O.CHATHU, CHIRALERI HOUSE, IYYAD P.O., KOILANDY TALUK. 3. O.P.BALAN, AGED 60 YEARS, S/O.LATE SANKARANKUTTY, OTHAYOTH PARAMBIL, NANMINDA P.O., KOZHIKODE TALUK. 4. O.P.BALAKRISHNAN, AGED 48 YEARS, S/O.LATE RAMAN NAIR, OTHAYOTH PARAMBIL, NANMINDA P.O., KOZHIKODE TALUK. 5. M.V.PRAKASAN, AGED 50 YEARS, S/O.LATE K.IMBICHEKKU, MALAYIL VALAPPIL HOUSE, IYYAD P.O., KOILANDY TALUK. BY ADVS. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S I OF POLICE, BALUSSERY POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2110 of 2010 ------------------------------------ Dated this the 9th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 to 6 in Crime No.183/2010 of Balussery Police Station, Kozhikode. 2. The offences alleged against the petitioners are under Sections 286, 304A and 336 of the Indian Penal Code read with Section 9 of the Explosive Substances Act. 3. The prosecution case is that during the festival period in a temple, for the purpose of fire works, gun powder was stocked. It is stated that a mishap occurred and two children died. 4. The learned counsel for the petitioners submitted that the petitioners are the office bearers of the temple committee and that the deceased children went to the place where the gun powder was stocked with lighted sandal sticks. It is submitted that the victim boys had stated while in the hospital that they went to the place where the gun powder was stocked with lighted sandal sticks and that resulted in the mishap. 5. Taking into account the facts and circumstances of the B.A. No. 2110 / 2010 2 case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on alternate Sundays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; D) The petitioners 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 scm