IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Bail Appl..No. 221 of 2009() ---------------------------------------- (CRIME NO.01/09 OF CHITTARIKKAL POLICE STATION) PETITIONER/ACCUSED: -------------------------------------- JOSEPH ULAHANNAN,AGED 54 YEARS, S/O.ULAHANNAN, KOCHUMATTATHIL HOUSE, DARKAS P.O., PUNCHA, MALOM VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.M.J.THOMAS SRI.MATHEWS P.MATHEW RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA REPRESENTED 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 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 221 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of January,2009 O R D E R Petition for bail. 2. The alleged offence is under section 5 of the Explosives Substance Act. According to prosecution, on getting information, the Sub Inspector and party proceeded to the place of occurrence and when they reached a shed, they found a person running away and on search of the premises detonators were seized. On enquiry, it was revealed that petitioner was in possession of the shed from where he ran away and the contraband articles were seized. Hence, a crime was registered against petitioner. 3. Learned counsel for petitioner submitted that the detonators were kept in a quarry, even as per the prosecution case and it is only usual to use such article in a quarry and there was no suspicious circumstances about it and going by the provision under section 5 of the Explosive Substances act the offence will not lie, unless the articles are seen under suspicious circumstances. Quarrying is done by one Johnson Baby who has licence to run the quarry, it is submitted. 4. Learned Public Prosecutor submitted that petitioner was arrested on 2-1-2009 and taking into consideration the BA 221/2009 -2- stage of investigation, he has no objection in granting bail on conditions. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 6. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.