IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 7784 of 2009 CRIME NO.195 OF 2009 OF VELLARIKUNDU POLICE STATION, KASARAGOD PETITIONERS/ACCUSED NO.1: --------------------------------------------- BABU.M.V., S/O.KUNHAMBU THALIKKARAN, AGED 45 YEARS, MEKKATTU VALAPPIL, MATHAMANGALAM BAZAR, ERAMAM VILLAGE, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS: COMPLAINANT: --------------------------- 1. STATE- REPRESENTED BY PUBLIC PROSESCUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, VELLARIKKUNDU POLICE STATION (CRIME NO.195 OF 2009) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7784 OF 2009 ------------------------------------------------------ Dated this the 8th day of January, 2010 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.1 in Crime No.195 of 2009 of Vellarikundu Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 5 and 6 of the Explosive Substances Act. 3. The prosecution case is that on 18.12.2009, accused Nos.1 and 2 were found transporting 50 Kgs of Ammonium Nitrate, 362 meters of fuse wire and 400 detenators in an autorickshaw. They were arrested. Later, the third accused was arrested on 19.12.2009. 4. The petitioner was arrested on 18.12.2009 and he was remanded to judicial custody. It is submitted that the first accused is running a granite quarry and the third accused has a valid licence to keep possession of explosive substances. B.A. NO. 7784 OF 2009 :: 2 :: 5. 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. 6. 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 Judicial Magistrate of the First Class-II, Hosdurg subject to the following conditions:- a) 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; 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; 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 ahz/