IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7718 of 2009() --------------------------------- CRIME NO. 195/2009 OF VELLARIKUNDU POLICE STATION ................. PETITIONER/ACCUSED NO.2. ---------------------------------- VINODKUMAR.V., S/O.SIVADASAN NAIR, AGED 23 YEARS, VAZHAPPARA HOUSE, PAYYANGANAM, PERIGOME, PERIGOM VILLAGE, KANNUR DISTRICT. BY ADVS. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS/COMPLAINANT : ------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER, VELLARIKUNDU POLICE STATION, (CRIME NO.195/2009, KASARAGOD DISTRICT). BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7718 of 2009 ------------------------------------ Dated this the 6th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.195/2009 of Vellarikundu Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 5 and 6 of the Explosive Substances Act. 3. The prosecution case is that on 18.12.2009, accused Nos.1 and 2 were found transporting 50 Kgs of Ammonium Nitrate, 362 meters of fuse wire and 400 detenators in an Autorickshaw. They were arrested. Later, the third accused was arrested on 19.12.2009. 4. It is submitted by the learned counsel for the petitioner that the petitioner is only an Autorickshaw driver and that has nothing to do with the offence. It is submitted that the first accused is running a granite quarry and third accused has valid licence to keep possession of the explosive substances. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 7718 of 2009 2 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. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg 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 mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln