IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 6068 of 2011() ----------------------------- (CRIME NO.116/2011 OF NADAPURAM POLICE STATION, KOZHIKODE DT.) PETITIONER/ACCUSED NO.13 -------------------------------------------- ANAS.P., S/O.IMBICHIKOYA THANGAL, AGED 22 YEARS, MOTTEMMAL HOUSE, KALLACHI, NADAPURAM VILLAGE, VADAKARA VIA, KOZHIKODE DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. 2. THE SUPERINTENDENT OF POLICE, CBCID, KOZHIKODE-673 001. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6068 OF 2011 --------------------------------- Dated this the 9th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.13 in Crime No.116 of 2011 of the Nadapuram Police Station, Kozhikode District. 2.The offence alleged against the petitioner is under Sections 4 and 5 of the Explosive Substances Act. 3.The prosecution case is that on 27.2.2011, while accused Nos.1 to 8 were making bombs, an explosion took place due to which accused Nos.1 to 5 died and accused Nos.6 to 8 suffered serious injuries. The prosecution alleges that the petitioner is involved in the conspiracy in making of bombs and for the use of the same at different destinations. The petitioner was arrested on 22.6.2011 and he was remanded to judicial custody. B.A.No.6068 OF 2011 2 4. The learned counsel for the petitioner submitted that the petitioner is aged 22 years and he is a B.B.A student at Rani College, Vadakara. The counsel submitted that the petitioner is prepared to abide by any condition that may be imposed by the court while granting bail. The counsel also submitted that all the other accused except accused No.16, who was arrested only recently, were released on bail. 5.Taking into account the facts and circumstances of the case, the fact that the other accused persons were released on bail, 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 `50,000/-(Rupees Fifty thousand only) 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: B.A.No.6068 OF 2011 3 A) The petitioner shall not enter into the limits of Nadapuram Police Station, until the investigation of the case is over. B) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on every Sunday, 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 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 cms