IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5301 of 2009() ----------------------------- CRIME NO.222/2009 OF MALAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM PETITIONER (S): 1ST ACCUSED: -------------------------------- HARRIS, S/O.YOHANNAN, KOLACHIRA VEEDU, MD V/628, KUTTIKADU, MALAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5301 of 2009 --------------------------------------------- Dated this the 5th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.222 of 2009 of Malayinkeezhu Police Station. 2. The offences alleged against the petitioner are under Sections 4 and 5 of the Explosive Substances Act. 3. When the Bail Application came up for hearing on 22nd September 2009, the following order was passed: “Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also considered Annexure I order dated 30.7.2009, whereby regular bail was granted to accused Nos.2 and 3. In the facts and circumstances of the case, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 AM on 29th and 30th September, 2009. Post on 5.10.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.222 of 2009 of Malayinkeezhu Police Station.” 4. The learned Public Prosecutor submitted that the petitioner appeared before the investigating officer as directed in the order dated 22nd September 2009 and the statement of the BA No.5301/2009 2 petitioner was recorded by the investigating officer. 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 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.15,000/- 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 alternate 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 csl