IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Bail Appl..No. 4697 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4174/2011 Dated 03/06/2011 CRIME NO.116/2011 OF NADAPURAM POLICE STATION (NOW INVESTIGATING BY CBCID, HHW.III/KOZHIKODE- Cr.48/CR/HHW.III/KKD/11) .................... PETITIONERS:ACCUSED: --------------------- 1. E.V.ISMAIL, AGED 30 YEARS, S/O.SOOPPY, EDAKKALAPPURATH KIZHAKKAYIL HOUSE, VARIKOLI, NADAPURAM VILLAGE. 2. KUNHAMMED, AGED 45 YEARS, S/O.ABDULLA, ITHIYODI HOUSE, KALLARATH, KUTTIPURAM CHELAKKAD DESOM, VADAKARA TALUK. 3. MOIDU, AGED 55 YEARS, S/O.KUNHABDULLA HAJI, THAYYIL HOUSE, NARIKKATTERI, CHELAKKAD, VADAKARA TALUK. BY ADV. SRI.S.SREEKUMAR SRI.N.M.MOHAMMED AYUB RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------------------------------------- Bail Appln. No.4697 of 2011 ------------------------------------------------------ Dated this the 21st day of June, 2011. ORDER In this Petition filed under Section 439 Cr.P.C., the petitioners, who are accused Nos.9 to 11 in Crime No.116 of 2011 of Nadapuram Police Station for offences punishable under Sections 4 & 5 of Explosive Substances Act, seek their enlargement on bail. The petitioners (A9, A10 & A11) were arrested on 21/03/2011, 04/04/2011 & 02/05/2011 respectively. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the third petitioner (A11), the relative conduct of the parties, the extent of the injury sustained, the propensities of the third petitioner (A11), the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if the third petitioner (A11) is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the third petitioner (A11) making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioner at this Bail Appln.No.4697/2011 : 2 : stage. Hence, the application for bail by the third petitioner (A11) is dismissed. 4. Having regard to the nature of the offences, the duration of judicial custody undergone by petitioners 1 and 2, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the first and second petitioners (A9 & A10). Accordingly, the first and second petitioners (A9 & A10) are directed to be released on bail on each of them executing a bond for `50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The first and second petitioners (A9 & A10) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. The first and second petitioners (A9 & A10) shall not leave the territorial limits of Kozhikode District without prior written permission of the court concerned. 3. The first and second petitioners (A9 & A10) shall surrender their passports, if any, before executing the bail bond. In case, they are not the holders of passports they shall file an affidavit to that effect before the Magistrate. 4. The first and second petitioners (A9 & A10) shall not directly or indirectly make any Bail Appln.No.4697/2011 : 3 : inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police. 5. The first and second petitioners (A9 & A10) shall not establish any contact with any of the witnesses or accused in the case. 6. The first and second petitioners (A9 & A10) shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 7. The first and second petitioners (A9 & A10) shall not commit any offence while on bail. 8. The first and second petitioners (A9 & A10) shall notify their place of residence before executing the bail bond. If the first and second petitioners (A9 & A10) commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed in part as above. Dated this the 21st day of June, 2011. V.RAMKUMAR, JUDGE. skj