IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 8564 of 2011() ----------------------------- CRIME NO.634/2011 OF KILIMANOOR POLICE STATION PETITIONERS/ACCUSED NOS.4 & 5 ------------------------------------------------- 1. BABU,S/O.RAMANKUTTY, CHARUVILA PUTHEN VEEDU,THOPPILKADA,KILIMANOOR.P.O,PUZHAYAKUNNUMMEL, THIRUVANANTHAPURAM. 2. MOHANAN,S/O.RAMANKUTTY,CHARUVILA PUTHEN VEEDU,PAPPALA,THATTATHUMALA.P.O,KILIMANOOR, PAZHAYAKUNNUMMEL,THIRUVANANTHAPURAM. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT: --------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8564 of 2011 ---------------------------------------------- Dated this the 14th day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.4 and 5 in Crime No.634 of 2011 of Kilimanoor Police Station. 2. The offence alleged against the petitioners is under Section 3 of the Explosive Substances Act. 3. When the Bail Application came up for admission on 02/12/2011, the following order was passed: “3. The prosecution case is that on 02/07/2011, explosive substances were found in the quarry owned by accused No.1 and run by accused Nos.2 and 3. It is submitted that the petitioners are workers in the quarry. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the Bail Appln.No.8564/2011 : 2 : investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 07/12/2011 and 08/12/2011. 5. Post on 13/12/2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.634 of 2011 of Kilimanoor Police Station, till 15/12/2011. 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 4. It is submitted by the learned counsel for the petitioners that the direction in the order dated 02/12/2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 02/12/2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on Bail Appln.No.8564/2011 : 3 : bail on their executing bond for `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:- a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. d) 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 skj