IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 4125 of 2009() -------------------------------------- CRIME NO.77/2009 PAYYAVOOR POLICE STATION, KANNUR PETITIONER/IST ACCUSED: ------------------------------------------ P.D.JOHN, PADINJARADATHU, NEDIYANGA P.O., SREEKANDAPURAM, KANNUR DISTRICT. BY ADV. SRI.V.V.ASOKAN RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, (S.H.O. PAYYAVOOR POLICE STATION), REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4125 of 2009 ------------------------------------ Dated this the 7th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.77/2009 of Payyavoor Police Station, Kannur. 2. The offence alleged against the petitioner is under Section 5 of the Explosive Substances Act. 3. The prosecution case is that on 14/07/2009, the police got secret information that the first accused, who runs a quarry, has kept explosive substances near the quarry in a shed belonging to the second accused. The police went to the spot and found explosive substances. The petitioner apprehends arrest. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any prejudicial activities and that he has no criminal antecedents. It is also submitted that the petitioner has not kept the explosive substances in the shed. B.A. No. 4125/2009 Page numbers 5. The learned Public Prosecutor on the basis of instruction, submits that the petitioner is not involved in any other offence and he has no criminal antecedents. For the purpose of disposal of this Bail Application, it is not necessary to consider the contentions put forward by the petitioner. 6. However, taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, 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 B.A. No. 4125/2009 Page numbers 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 to the extent indicated above. K.T. SANKARAN, JUDGE scm