IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 518 of 2010() -------------------------------- CMP.31/2010 of ADDL. DISTRICT COURT, VADAKARA CRIME NO. 111/2002 OF VALAYAM POLICE STATION .................... PETITIONER/3RD ACCUSED : --------------------------------- ASHIK, S/O. MOIDU, PULAPPADI HOUSE, CHERUMOTH, VALAYAM, VATAKARA TALUK. BY ADV. SMT.T.KAMALA MENON RESPONDENT/COMPLAINANT: ---------------------------------- THE STATION HOUSE OFFICER, VALAYAM POLICE STATION, KOZHIKODE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 518 of 2010 ------------------------------------ Dated this the 9th day of February, 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.5 in Crime No.111/2002 of Valayam Police Station(In the order passed by the learned Additional District and Sessions Judge, the petitioner is described as accused No.3. The learned Public Prosecutor submitted that the petitioner is accused No.5). 2. The offences alleged against the petitioner are under Sections 3 and 5 of the Explosive Substances Act. 3. The petitioner was granted anticipatory bail by the High Court. However, the petitioner absconded. The case against him was split up. It is stated that accused Nos.1 to 3 were tried for the offences and they were acquitted by the judgment dated 20.01.2009. The petitioner was arrested on 13.01.2010. He moved for bail. The learned Additional District and Sessions Judge dismissed the application for bail by the order dated 20.01.2010. 4. The learned Public Prosecutor submitted that the petitioner is involved in three other crimes, namely, 261/2006 of B.A. No. 518 of 2010 2 Nadapuram Police Station, Crime No.196/2009 of Valayam Police Station and Crime No.175/2002 of Valayam Police station. 5. The learned counsel for the petitioner submitted that the petitioner is prepared to abide by any condition that may be imposed by the Court. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and the nature of the offence, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Additional District and Sessions Judge, Vatakara subject to the following conditions:- A) The petitioner shall report before the Station House Officer of Valayam Police Station between 9 A.M. and 11 A.M. on all Mondays, Wednesdays and Saturdays till the trial of the case is over. B) The petitioner shall surrender his passport before the Court of the Additional District and Sessions Judge, Vatakara within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Additional District and Sessions Judge. B.A. No. 518 of 2010 3 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