IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 714 of 2009() ---------------------------- CRIME NO.289/08 OF PETTAH POLICE STATION PETITIONER(S): ACCUSED: ---------------------------- RAJESH.S, S/O.SASI, KOLLOOR THOTTUVARAMBIL VEEDU, KANNAMULA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.J.R.PREM NAVAZ RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. THE SUB INSPECTOR OF POLICE, PETTA POLICE STATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 714 of 2009 ----------------------------------------- Dated this the 20th February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 5 of the Explosive Substances Act and 27 of the Arms Act. According to prosecution, on 3.10.2008, petitioner was found in possession of 4 country bombs and other weapons like sword, dagger, iron rods etc., which were kept inside the house and also inside the vehicle which was parked at the premises of the house and those were seized. The incident occurred on 3.10.2008. 3. Petitioner is the second accused in Crime no.289 of 2008. The anticipatory bail application filed by petitioner was dismissed by this Court and thereafter, he was arrested on 30.12.2008. 4. Learned Public Prosecutor submitted that taking into consideration the stage of investigation, this petition is not opposed, but stringent condition may be imposed, especially since petitioner is involved in various other cases. Proceedings under the Anti Social Activities (Prevention) Act are also initiated against him. BA.714/09 2 5. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every alternate day between 10 AM and 1 PM until further orders. iii). Petitioner shall not leave the limits of the police station within which the crime is registered, except with prior permission of the learned Magistrate. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs. BA.714/09 3