IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 5091 of 2009() ----------------------------- CRIME NO. 83/2009 OF KADIRUR POLICE STATION ................. PETITIONER: -------------------- ASHISH.P.RAJ, S/O. P. JAYARAJAN, AGED 19 YEARS, RESIDING AT KAIRALI, OTTACHIMAKOOL, PATTIYAM, THALASSERRY. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ----------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 83 OF 2009 OF KADIRUR POLICE STATION BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5091 of 2009 ------------------------------------ Dated this the 28th day of August, 2009 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.2 in Crime No.83/2009 of Kadirur Police Station. 2. The offences alleged against the petitioner are under Sections 3 and 5 of the Explosive Substances Act. 3. Originally the case was registered under Section 286 of the Indian Penal Code. Later the offence was altered to Sections 3 and 5 of the Explosive Substances Act. 4. The incident occurred on 16.04.2009. Some explosive substance exploded and the petitioner and his friend got injured. The petitioner was treated in the hospital for more than two months. The F.I. R. was registered, as already stated, under Section 286 of Indian Penal Code on 20.04.2009. The petitioner was arrested on 10.08.2009 and he is in judicial custody. 5. Learned counsel for the petitioner submitted that the petitioner is a student and the incident occurred during Vishu season. It is submitted that the petitioner and his friends tried to B.A. No. 5091 of 2009 2 ignite “gundus” and at that time the incident occurred. 6. It is submitted by the learned Public Prosecutor that the report of the Director of the Forensic Science Laboratory is not obtained so far. 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. 5. The petitioner shall be released on bail on his executing bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Thalassery subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on alternate Sundays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 5091 of 2009 3 D) The petitioner 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 ln