IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Bail Appl..No. 3898 of 2009() ----------------------------- CRIME NO.222/09 OF MALAYINKIL POLICE STATION PETITIONERS/ACCUSED 2 &3 -------------------------------------------- 1. SULOCHANA, D/O.PONNAMMA, KOLACHIRA VEEDU, MP.V/628TH NUMBER, KUTTIKADU, MALAYINKIL DESOM, MALAYINKIL VILLAGE. 2. JAYAN S/O.HAREES KOLAHIRA VEEDU, MP.V/628TH NUMBER, KUTTIKADU, MALAYINKIL DESOM, MALAYINKIL VILLAGE. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): --------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3898 of 2009 --------------------------------------------- Dated this the 30th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos. 2 and 3 in Crime No.222 of 2009 of Malayinkil Police Station. 2. The offences alleged against the petitioners are under Sections 4 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 4.7.2009, a quantity of 112.25 kg. of potassium nitrate was found from the house of the accused persons. The petitioners were arrested on 4.7.2009 and they are in judicial custody. 4. Learned public prosecutor, on a direction to inform the court as to whether the petitioners are involved in any other offences or in any prejudicial activities, submitted that they are not involved in any other criminal 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.3898/2009 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.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada, 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 not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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