IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2855 of 2009() ----------------------------- CRMP.1554/2008 of DISTRICT COURT, KALPETTA CRIME NO.187/08 OF AMBALAVAYAL POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- T.J.BABY,S/O.JOSEPH,THAIPARAMBIL HOUSE, KOLAGAPPARA POST,S.BATHERY,WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE-S.H.O.AMBALAVAYAL,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2855 of 2009 ----------------------------------------- Dated this the 2nd June, 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 second accused in Crime No.187/08 of Ambalavayal Police Station. 2. The offences alleged against the petitioner are under Sections 9(B)(i)(b) of the Explosive Act and 5(b) of the Explosive Substances Act. The petitioner moved B.A.No.5457 of 2008 for anticipatory bail and that application was dismissed by this Court on 2nd September, 2008. This bail application is filed by the same petitioner on the same ground. In addition, the petitioner submits that the prosecution case is that Ammonium Nitrate was seized and therefore, the offence is attracted. The learned counsel for petitioner submits that as per the letter dated 18.1.1996 issued by the Department of Explosives, Ammonium Nitrate or Chloride is not an explosive BA.2855/09 2 by itself. The petitioner is free to take up this contention before the court below at the appropriate stage. I do not think that the second application for anticipatory bail can be entertained in the facts and circumstances of the case. The bail application is accordingly dismissed. K.T.SANKARAN, JUDGE vgs.