IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Bail Appl..No. 6651 of 2008() ----------------------------- CRIME NO.446/2008 OF MANANTHAVADY POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- SAMEER.T.V, RASEENA MANZIL, III RD MILE, PONNIYAM WEST, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MANANTHAVADY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6651 of 2008 ----------------------------------------- Dated this the 15th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 6(3) read with 9(1)(b) of the Explosives Act. According to prosecution, on 15.10.2008, a search was conducted in the shop of petitioner, on getting informatin that explosive substances are kept in the shop illegally. The salesman, who is second accused, alone was present in the shop and 940 detonators were kept in the said shop on top of the almarh, without any licence and those were seized and a case was registered against accused 1 and 2. Petitioner is the licensee and he is first accused. Learned counsel for petitioner submitted that admittedly, petitioner is having licence to keep detonators. As per the allegations, petitioner has kept more than the permissible quantity of detonators and hence, the offence attracted will be under Section 61(B) of the Explosives Act. It is not correct to say that offence under Section 9(1)(b) of the Explosives Act is attracted, it is submitted and that offence under Section 5 of the BA.6651/08 2 Explosives Act also will not be attracted, since the articles seized will not come under the definition of explosive. Learned Public Prosecutor submitted that without conceding to the arguments advanced, he has no objection in granting anticipatory bail, but a direction may be issued to surrender before the investigating officer and co-operate with the investigation. On hearing both sides, I find that anticipatory bail can be granted to petitioner on conditions and hence, the following order is passed: i) Petitioner shall surrender before the investigating officer within seven days from today and make himself available for interrogation and co-operate with the investigation. ii) If the petitioner is arrested, he shall be produced before the Magistrate Court concerned, in accordance with law. iii) On production before the Magistrate Court, if any bail application is filed, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent BA.6651/08 3 sureties each for the like sum to the satisfaction of the Magistrate Court on the following terms and conditions: (a) Petitioner shall report before the investigating officer as and when directed by him and co-operate with the investigation. (b). Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.