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. 6439 of 2011() ----------------------------- CRMP.2271/2011 of DISTRICT COURT, PALAKKAD CRIME NO.263/2011 OF KASABA POLICE STATION PALAKKAD DISTRICT. .................... PETITIONER : 3RD ACCUSED -------------------------- JOY.M.L., S/O.LONAPPAN, AGED 46 YEARS, MAROTTIKKAL HOUSE, P.O.PUTHUR, THRISSUR DISTRICT. BY ADV. SRI.P.T.JOSE RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 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. --------------------------------------------- Bail Appln.No.6439 of 2011 ---------------------------------------------- Dated this the 12th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.3 in Crime No.263 of 2011 of Kasaba Police Station, Palakkad District. 2. The offence alleged against the petitioner is under Section 5 of the Explosive Substances Act. 3. The prosecution case is the following:- On 20/06/2011, based on the secret information that accused Nos.1 and 2 were transporting huge quantity of explosives, the police intercepted the Bolero Jeep in which accused Nos.1 and 2 were travelling. Accused No.2 ran away. Accused No.1 was apprehended. On inspection of the vehicle, 6000 electronic detonators, 20,000 ordinary detonators and 6980 metres of safety fuse wire were found. Accused No.1 was arrested. During investigation, it was revealed that the explosives were intented for supplying to accused No.3 and that accused No.3 was the person who brought the explosives Bail Appln.No.6439/2011 : 2 : from Tamil Nadu. Accused No.3 apprehends arrest and therefore he has filed this application for anticipatory bail. Learned counsel for the petitioner submitted that the petitioner is on enemical terms with N.A.Thomas who is a license holder of explosives. The explosives were really intented for N.A.Thomas. As between N.A.Thomas and the petitioner there is a civil dispute. Whenever the contraband brought by N.A.Thomas are seized, instructions have been made to implicate the petitioner as the person who brought the contraband. This is happening regularly and that was how the petitioner was implicated in five other cases. 4. The learned Public Prosecutor submitted that the petitioner is involved in five other cases of similar nature and he is regularly indulging in transportation of explosive substances from Tamil Nadu to Kerala. 5. Taking into account the nature and gravity of the offences and the quantity of explosives involved, I do not think that this is a fit case where anticipatory bail can be granted. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail Bail Appln.No.6439/2011 : 3 : is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj