IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3038 of 2009 CRIME NO.85 OF 2009 OF CHELAKKARA POLICE STATION PETITIONER/ACCUSED NO.4 -------------------------------------------- ANISH, AGED 25 YEARS, S/O. ARAVINDAN, KANJIRAMPALLAM HOUSE, MASJID ROAD, VADAKKANCHERY P.O., PALAKKAD DIST. BY ADV. SRI.M.B.PRAJITH RESPONDENTS: COMPLAINANT -------------------------- 1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, CHELAKKARA POLICE STATION, (CRIME NO.85 OF 2009), CHELAKKARA, THRISSUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3038 OF 2009 ------------------------------------------------------ Dated this the 6th July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.85 of 2009 of Chelakkara Police Station. 2. The offences alleged against the petitioner are under Sections 286, 337, 304 read with Section 34 of the Indian Penal Code, Section 9(B) (1) of the Explosives Act and Section 4 of the Explosive Substances Act. 3. The prosecution case is that the petitioner sold explosive substances to accused No.1 who does not have the required licence. Accused Nos.1 to 3 stored the explosives in their house, which exploded on 23.3.2009. As a result, the elder brother of the second accused and his wife died and some other persons sustained injuries. 4. I have perused the case diary. 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 B.A. NO. 3038 OF 2009 :: 2 :: anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, 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 to the extent indicated above. (K.T.SANKARAN) Judge ahz/