IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES TUESDAY, THE 4TH JULY 2006 / 13TH ASHADA 1928 Bail Appl..No. 3952 of 2006() ----------------------------- CRMP.5009/2006 of DISTRICT COURT, KOLLAM CRMP.1885/2006 of J.M.F.C., SASTHAMCOTTA CRIME NO.80/2006 OF SOORANAD POLICE STATION .................... PETITIONER/1ST ACCUSED: ---------------------------------------- GEORGE, S/O. DAVID, AGED 60, BABY BHAVANAM, EDAKKAD NORTH, PORUVAZHI VILLAGE, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: COMPLAINANT: ------------------------- THE SUB INSPECTOR OF POLICE, SOORANAD POLICE STATION, KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. - - - - - - - - - - - - - - - - - - - - B.A. No. 3952 of 2006 - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of July, 2006 O R D E R The petitioner is the first accused in Crime No.80/2006 of Soornad Police Station. He is alleged to have stored gun powder for the purpose of manufacturing crackers, to be used in fire works, with the help of his employees, accused 3 to 8. No safety precautions had been taken as required by the law. He also did not obtain any license for the purpose of storing such explosive materials. On 24/03/2006, at about 12.10 p.m, the gun powder exploded because of its contact with fire. The building of the second accused where the gun powder and crackers manufactured were stored, got exploded. That destroyed the entire building. As there was no one present at that time, there were no casualties. The police inquired the matter and registered the crime under Section 436 Indian Penal Code and also under Section 3 of the Explosive Substance Act, 1908 as well as Section 6(3) of the Explosive Act, 1884. The petitioner was arrested on 29/05/2006 and he remains in judicial custody. B.A.No.3952/2006 2 2. After hearing both sides and appreciating the facts on record, I allow the application, grant bail to the petitioner and release him from jail, imposing the following conditions:- i. The petitioner shall execute a bond for Rs.50,000/-, with two solvent sureties each for the like sum, to the satisfaction of the J.F.C.M, Sasthamkotta. ii. The petitioner shall report before the Circle Inspector of Police, Sasthamkotta Police Station, once in a week, on every Friday, between 10 a.m and 11 a.m, for a period of two months, starting from 07/07/2006 and thereafter, on the first working day of every month, on same timings, till the final report is filed. iii. The petitioner shall not leave the State of Kerala, until the final trial and disposal of the case. (J.M.JAMES) Judge ms