IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Bail Appl..No. 5455 of 2011() ----------------------------- AGAINST THE ORDER IN BA.4697/2011 CRIME NO.116/2011 OF NADAPURAM POLICE STATION .................... PETITIONER (S): 11TH ACCUSED ----------------------------------------------- MOIDU, AGED 55 YEARS S/O.KUNHABDULLA HAJI, THAYYIL HOUSE, NARIKKATTERI, CHELAKKAD, VADAKARA TALUK. BY ADV. SRI.R.SREEKUMAR SRI.N.M.MOHAMMED AYUB RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI 31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5455 of 2011 --------------------------- Dated this the 11th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.11 in Crime No.116 of 2011 of Nadapuram Police Station. 2. The offences alleged against the petitioner are under Sections 4 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 26.2.2011, accused Nos.1 to 8 were involved in manufacturing of country bombs. While so, an explosion took place and they sustained serious burn injuries. Five of them succumbed to the injuries. The allegation against accused No.11 is that he had arranged finance for the activities of manufacturing of bombs. The petitioner was arrested on 2.5.2011. He along with accused Nos.9 and 10 filed Bail Application No.4697 of 2011. Though that Bail Application was allowed in favour of accused Nos.9 BA 5455/2011 2 and 10, the prayer for bail of accused No.11 was rejected. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for ` 50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nadapuram, subject to the following conditions: A) The petitioner shall not enter into the limits of Nadapuram Police Station until further orders; B) The petitioner 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; C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the BA 5455/2011 3 evidence; E) The petitioner 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