IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7726 of 2009() -------------------------------------- CMP.8820/2009 of J.M.F.C.-I,NEYYATINKARA CRIME NO.938/2009 OF NEMOM POLICE STATION. .................... PETITIONERS/ ACCUSED 1 & 2: ------------------------------------------- 1. BINU & SHIBU, AGED 35 YEARS, S/O.DAVADAS, MALAYAM MAVILA PUTHEN VEEDU, MACHEL WARD, MALAVILA. 2. VISHWAMBHARAN, AGED 49 YEARS, S/O.NALLATHAMPI, ARLIMMOODU, KADAKAMPU VEEDU, THALAYAL DESOM, ATHIYANNOOR. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. SMT. M.K.PUSHPALATHA, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J ----------------------------- B.A No. 7726 of 2009 -E ------------------------------ Dated this the 1st day of January, 2010. O R D E R This is a bail application filed by the accused 1 and 2 in Crime No.938 of 2009 of Nemom Police Station, Thiruvananthapuram Rural pending before the Judicial First Class Magistrate-I, Neyyattinkara under Section 439 of the Code of Criminal Procedure. 2. The allegation against the petitioners is that they have used explosives at the quarry, which is situated near the Air Force, Mukkunimala radar station and thereby caused danger to the human life and security of the radar station and thereby committed offence under Sections 188, 286 r/w. 34 IPC and Section 3 of Explosive Substances Act. 3. The accused were arrested on 13.12.2009 and are still in remand. The trial court dismissed their bail application. 4. It is alleged in the petition that the petitioners are only labourers of the nearby quarry and they have nothing to do with the conduction of the said quarry and that therefore they may be released on bail. B.A No. 7726 of 2009 -E 2 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The Public Prosecutor opposed the bail application. 6. Prama facie it appears that the charge against the petitioners will not sustain. They are only labourers of the nearby quarry. The owner of the quarry is not made an accused in this case. Therefore I feel that the petitioners have to be released on bail. abide In the result, this application is allowed. The petitioners shall be released on bail on executing a bail bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the lower court. The petitioners shall co-operate with the investigation and shall appear before the investigating office as and when required. Hand over. P.Q.BARKATH ALI JUDGE ab