IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Bail Appl..No. 5457 of 2008() ----------------------------- CRMP.1554/2008 of DISTRICT COURT, KALPETTA (CRIME NO.187/08 OF AMBALAVAYAL POLICE STATION) PETITIONER/ACCUSED NO.2 ---------------------------------------- T.J.BABY, S/O. JOSEPH, THAIPPARAMBIL HOUSE, KOLAGAPPARA POST, S. BATHERY, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: RERSPONDENT/COMPLAINANT ------------------------------------ STATE S.H.O. AMBALAVAYAL, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No.5457 of 2008 ------------------------------------------------ Dated this the 2nd day of September, 2008. ORDER Petition for anticipatory bail. 2. The alleged offence is under Sections 9B(i)(b) of the Explosive Act and under Section 5(b) of the Explosive Substance Act. According to prosecution, on 30.7.2008, while the S.I. Of Ambalavayal Police was conducting patrol duty, one identifiable person was seen going with a blue coloured plastic cover and, on seeing the police party, he abandoned the plastic bag near a quarry and fled. He could not be arrested from the spot. On examination, the cover contained about 2 kg. of ammonium nitrate and a fuse wire of 6 metre and a crime was registered under Section 9B(i)(b) of the Explosive Act and under Section 4(b) of the Explosive Substance Act. 3. Learned counsel for the petitioner submitted that the petitioner is falsely implicated as the 2nd accused. The quarry belongs to one Kararan Nair, even as per prosecution record. The [B.A.No.5457/08] 2 petitioner has nothing to do with the quarry. The petitioner was also not the person who was found to carry the bag. The petitioner is implicated only as the person who was conducting the quarry. Hence, anticipatory bail may be granted. 4. This petition is opposed. Learned Public Prosecutor submitted that the quarry belongs to one Kanaran Nair, but the quarrying operations were carried on by the petitioner, as revealed from the case diary. That is why petitioner is made an accused. 5. On hearing both sides, I find that except the oral denial that the petitioner has nothing to do with the case etc. nothing was pointed out to persuade me to grant anticipatory bail. Petition is dismissed. K. HEMA, JUDGE. Krs.