IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 4707 of 2009() ----------------------------------------- CRIME NO.355/2009 OF VALAPATTANAM POLICE STATION, KANNUR DISTRICT. .................... PETITIONERS/ ACCUSED: ----------------------------------------- 1. K.K.MUSTHAFA, 40 YEARS, S/O.ERAMULLAN, KAROTH KUNNUMPRATH HOUSE, CHELERI, KANNUR. 2. UNAIS, AGED 23 YEARS, S/O.ADAM KUTTY, KOVVUPPURATH, NARATH P.O., KANNUR. 3. K.P.YOUSAF, AGED 38 YEARS, S/O.MUHAMMED, KUNNUMPRATH PUTHIYAPURAIL, P.O.KOLANCHERY, KANNUR. BY ADV. SRI.K.B.GANGESH RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (SHO, VALAPATTANAM POLICE STATION). SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4707 of 2009 ------------------------------------ Dated this the 8th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 4 and 6 in Crime No.355/2009 of Valapattanam Police Station, Kannur. 2. The offences alleged against the petitioners are under Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 16/5/2009, the date on which Lok Sabha election results were declared, the accused persons who were members of the successful political party threw country bombs to the office of a political party. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor and considered the materials on record. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. B.A. No.4707/2009 2 There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/-each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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 to the extent indicated above. K.T. SANKARAN, JUDGE scm