IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 977 of 2010() ---------------------------- CRIME NO.64/2010 OF CHANDERA POLICE STATION .................... PETITIONERS/ACCUSED 1 & 2 ------------------------------------------ 1. SUNEER, S/O.KUNHAMMED, UDUMBANTHALA.P.O, UDUMBANTHALA, HOSDURG TALUK. 2. MUNEER.A.G, S/O.MUHAMMED KUNHI, UDUMBANTHALA.P.O, UDUMBANTHALA, HOSDURG TALUK. BY ADV. SRI.SOJAN MICHEAL SMT.DHANYA P.ASHOKAN RESPONDENT(S): COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.977 of 2010 --------------------------------------------- Dated this the 19th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.64 of 2010 of Chandera Police Station, Kasaragod District. 2. The offence alleged against the petitioners is under Section 5 of the Explosive Substances Act. 3. The prosecution case is that on 4.2.2010, the petitioners were found in possession of two numbers of explosives. They were arrested on 4.2.2010. 4. The learned counsel for the petitioners submitted that the explosive substances mentioned by the prosecution are crackers, purchased from a shop and not a country bomb or any other explosive substance of high magnitude. The learned counsel for the petitioners also submitted that the petitioners are not involved in any other case. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of BA No.977/2010 2 investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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 surrender their passports before the Judicial Magistrate of the First Class-I, Hosdurg within one week from today. If any of the petitioners does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week; d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl