IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 8509 of 2011() ----------------------------- CRIME NO.1021/2011 OF VENJARAMOODU POLICE STATION PETITIONER:ACCUSED: -------------------- PRABHAKARAN NAIR, S/O.JANARDHANAN PILLAI BINDHU BHAVAN, POOVANATHUMMOOD, VAMANAPURAM PO THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PUBLIC PROSECUTIONS HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE VENJARAMOODU POLICE STATION. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8509 of 2011 ---------------------------------------------- Dated this the 16th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1021 of 2011 of Venjaramoodu Police Station. 2. The offences alleged against the petitioner are under Sections 304 of the Indian Penal Code and Sections 3 & 5 of the Explosive Substances Act. 3. The prosecution case is that the petitioner is conducting a quarry in which without any valid explosive licence, the petitioner caused explosion using jackhammer. One George was employed for removing the granite from a steep place. George fell down and he died. It is alleged that explosive substances were stored by the petitioner without any valid permit. 4. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the Bail Appln.No.8509/2011 : 2 : discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj