IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1274 of 2008() ----------------------------- CMP.603/2008 of J.M.F.C.-II,HOSDRUG CRIME NO.38/08 OF CHITTARIKKAL POLICE STATION .................... : PETITIONER 1-2/ACCUSED 1-2 ------------------------------------------- 1. BIJU AUGUSTIN, S/O.AUGUSTIN, PUTHUMANA ARAKKAL, ATHIRUMAVU, WEST ELERI VILLAGE, KASARAGODE DISTRICT. 2. BABU KURYAKOSE, S/O.KURYAKOSE, NADUVILE MANNARU HOUSE, ATHIRAMAVU, WEST ELERI VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1274 of 2008 ------------------------------------- Dated this the 3rd day of March, 2008 ORDER Application for regular bail. Petitioners face allegations under the Explosive Substances Act. The petitioners were allegedly found to be in possession of 8 detonators and 3 gelatin sticks etc. They were allegedly travelling in a motor cycle when they were intercepted on 12.02.08. They were arrested and continue in custody from the date of their arrest. The learned Public Prosecutor submits that the petitioners have no history of any criminal antecedents. 2. The very case of the prosecution itself is that these explosive substances were kept in the possession by the accused persons not in connection with any subversive or terrorist activities, but in connection with their blasting work. 3. I am satisfied that regular bail can be granted to the petitioners subject to appropriate terms and conditions. 4. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. B.A.No.1274 of 2008 2 i) The petitioners shall execute bonds for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-