IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Bail Appl..No. 6122 of 2009() ----------------------------- CRIME NO.79/2009 OF MELUKAVU POLICE STATION, KOTTAYAM PETITIONER/1ST ACCUSED ------------------------------------------ AJI JAMES, OTTATHENGUMKAL, KONIPPAD.P.O., MELUKAVU, KOTTAYAM DISTRICT. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL SRI.T.V.VINU RESPONDENT(S): STATE & COMPLAINANT -------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MELUKAVU. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------- B.A.No.6122 of 2009 ------------------------------------- Dated this the 26th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.79 of 2009 of Melukavu Police Station, Kottayam District. 2. The offence alleged against the petitioner is under Section 4 of the Mines and Minerals (Regulation and Development) Act 1957 and Section 9(B)(2) of the Explosives Act. 3. The learned counsel for the petitioner submitted that the petitioner has compounded the offence of illicit extraction of granite from the property of accused No.2 as evidenced by Annexure A2 letter dated 11.6.2009 addressed by the Geologist, Department of Mining & Geology, Kottayam to the Sub Inspector of Police, Melukavu. The remaining offence is under Section 9(B)(2) of the Explosives Act. 4. Taking into account the facts and circumstances of the BA No.6122/2009 2 case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner 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 csl