IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Bail Appl..No. 5714 of 2011() ----------------------------- CRIME NO.116/2011 OF NADAPURAM POLICE STATION, KOZHIKODE .................... PETITIONERS/ACCUSED NO.12 : ------------------------------------ RAYEES,S/O.AMMED,MOTTEMMAL HOUSE, KALLACHI PO,KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- 1. THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION. 2. CBCID,HHW.111,KOZHIKODE. (RESPONDENTS 1 AND 2 REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM). PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5714 of 2011 --------------------------- Dated this the 12th day of August, 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.12 in Crime No.116 of 2011 of Nadapuram Police Station, Kozhikode District. 2. The offences alleged against the petitioner are 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 18.6.2011 and he was remanded to judicial custody. BA 5714/2011 2 4. 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. 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: 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; BA 5714/2011 3 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 csl