IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Bail Appl..No. 5613 of 2011() ----------------------------- AGAINST THE ORDER IN BA.5058/2011 (CRIME NO.258 OF 2011 OF IRIKKUR POLICE STATION, KANNUR DISTRICT) .................... PETITIONER/2ND ACCUSED ------------------------------------------ ANANDA BABU, AGED 41 YEARS, S/O.KUNJU RAMAN, BALISSERY, KALYAD.P.O., IRIKKUR VIA, KANNUR DISTRICT, PIN-670 596. BY ADV. SRI.T.R.S.KUMAR SRI.E.M.SUNIL KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I.OF POLICE, IRIKKUR POLICE STATION, KANNUR DISTRICT. 3. C.I.OF POLICE, IRIKKUR POLICE STATION, KANNUR DISTRICT. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5613 OF 2011 --------------------------------- Dated this the 18th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 2nd accused in Crime No.258 of 2011 of the Irikkur Police Station, Kannur District. 2.The offences alleged against the petitioner are under Sections 4 and 5 of the Explosive Substances Act. 3.The prosecution case is that on 10.6.2011, on a search made in the quarry run by the first accused, large quantity of explosives, detonators and fuse wires were seized. 4. The petitioner was arrested on 16.6.2011 and he was remanded to judicial custody. B.A.No.5613 OF 2011 2 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. 5.The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kannur, 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) 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 B.A.No.5613 OF 2011 3 mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms