IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6697 of 2009() ----------------------------- CRIME NO.397/2009 OF MALAYINKEEZH POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER/ACCUSED -------------------------------------- LEELA, D/O. THANKAMMA, MALAVILA, ROADARIKATHU VEEDU, MARANALLOOR DESOM, MARANALLOOR VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6697 of 2009 --------------------------------------------- Dated this the 16th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.397 of 2009 of Malayinkeezh Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 5 of the Explosive Substances Act. 3. The prosecution case is that on 24.10.2009, on a search conducted in the house of the petitioner, a quantity of 84 Kgms. of potassium chlorite and 64 detenators and other accessories and equipments were seized. The petitioner was arrested on the same date. She is in judicial custody since then. 3. Accused No.2 was granted bail in the case. The allegation is that accused No.2 supplied the contraband to accused No.1. It is stated that accused No.2 is running a quarry and that he had applied for license. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.6697/2009 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. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada, 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 csl