IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1953 of 2010 CRIMR NO.64 OF 2010 OF IRIKKUR POLICE STATION, KANNUR DISTRICT PETITIONERS: ACCUSED: ---------------------------- 1. SAJITH K., S/O.RAGHAVAN, AGED 25 YEARS, KOYIMBIL HOUSE, NEAR GOVT.HOSPITAL, MAYYIL, KANNUR DISTRICT. 2. SREEJITH E.K., S/O.NARAYANAN, AGED 25, POOKOTH HOUSE, KAVINMOOLA, MAYYIL AMSOM, KANNUR. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT: COMPLAINANT: --------------------------- STATE, S.H.O.IRIKKUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1953 OF 2010 ------------------------------------------------------ Dated this the 7th day of April, 2010 O R D E R 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 Irikkur Police Station, Kannur. 2. The offences alleged against the petitioners are under Section 427 read with Section 34 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 17.2.2010, the petitioners hurled explosive substances to the Vyapara Bhavan, Mayyil and caused damage to the building. The petitioners were arrested on 8.3.2010. The application filed by the petitioners for bail was rejected by the Sessions Court, Thalassery by the order dated 22.3.2010. Investigation has progressed thereafter. 4. 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 B.A. NO. 1953 OF 2010 :: 2 :: investigation, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kannur, 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 ahz/