IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10445 of 2011 CRIME NO.578 OF 2011 OF NALLALAM POLICE STATION, KOZHIKODE. PETITIONER : ACCUSED NO.1: ------------------------------ NEETHU P.K, AGED 19 YEARS,D/O.SASI, PANAYALLAKANDI HOUSE, KARIYATHANKAVU P.O, BALUSSERY,KOZHIKODE DISTRICT. BY ADV. SRI.P.R.SREEJITH SRI.PRAMODH KUMAR.M. RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31 PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.10445 OF 2011 ------------------------------------------------------ Dated this the 20th day of December, 2011 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.578 of 2011 of Nallalam Police Station, Kozhikode District. 2. The offences alleged against the accused are under Sections 9 B(1)(b) of the Explosives Act, Section 5 of the Explosive Substances Act and Section 58 of the Abkari Act. 3. The prosecution case is the following: Accused Nos.1 and 2 were in love. Accused No.2 is a womanizer. He had enmity towards one Krishnan. It is alleged that the enmity was due to the reason that Krishnan opposed the relationship between accused Nos.1 and 2. Due to that enmity, accused No.2 tried to implicate Krishnan in an offence. Accused Nos.1 and 2 and two others prepared a packet, in which, the explosive substances and nine bottles of Indian made foreign liquor were placed. The packet was BAIL APPL. NO.10445 OF 2011 :: 2 :: sent to the house of Krishnan with the help of an autorickshaw driver. Krishnan's wife returned the packet. The autorickshaw driver reported the matter to the police and produced the packet containing the explosives and explosive substances before the police. Accordingly, the crime was registered. 4. The learned counsel for the petitioner submitted that the petitioner is aged only 19 years and she is also a victim of the fraud and cheating committed by accused No.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, the present stage of investigation and also taking note of the fact that the petitioner is a girl aged 19 years, I am inclined to grant bail to the petitioner. 6. The petitioner shall be released on bail on her executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class V, Kozhikode, subject to the following conditions: BAIL APPL. NO.10445 OF 2011 :: 3 :: 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/