IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 344 of 2010() ---------------------------------------- (CRIME NO.1779 OF 2009 OF PALARIVATTOM POLICE STATION) .................... PETITIONER/IST ACCUSED: ------------------------------------------ THOMAS, S/O.DEVASSY, 40/2547, NETAJI ROAD, MAMANGALAM, EDAPALLY SOUTH VILLAGE. BY ADV. MR.S.SREEKUMAR RESPONDENT(S): COMPLAINANT: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.1779/09 OF PALARIVATTOM POLICE STATION). BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 344 of 2010 ------------------------------------ Dated this the 25th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 1779/2009 of Palarivattom Police Station. 2. The offences alleged against the petitioner are under Sections 120 B and 182 of the Indian Penal Code and Section 5(b) of the Explosive Substances Act. 3. The prosecution case is that on 14/12/2009, the accused persons conspired together and planted an explosive substance in the bed room of the first accused to make it appear that it was planted by his business partner,Reji. According to the petitioner, Reji had telephoned to him on 14/12/2009 and stated that in the bed room an explosive substance was planted. The petitioner states that he removed that explosive substance to outside the house. He informed his friend, the second accused, who came to the place. Later, they gave information to the police. The police directed the petitioner to contact Reji over mobile phone. The questions to be put to Reji were also prepared. The petitioner called Reji over B.A. No. 344/2010 2 phone. The conversation was tape recorded. According to the petitioner, he was taken to the police station. Reji was also called to the Police Station. The petitioner states that Reji was accompanied by a police officer. The events turned against the petitioner and he was made an accused in the case by putting forward an untrue story. 4. The petitioner was arrested on 19/12/2009 and he was remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Ernakulam 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.A. No. 344/2010 3 B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the 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 as above. K.T. SANKARAN, JUDGE scm