IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 5386 of 2009() ----------------------------- CRIME NO.507/2009 OF VIYYOOR POLICE STATION, THRISSUR DT. APPLICANT/ACCUSED NO.2 ------------------------------------------ M.O.VARGHESE, AGED 53 YEARS,S/O.OUSEPH, MULLAMPOTTAKKAL HOUSE, KURICHIKKARA P.O., MATTAMPURAM,THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE S.I.OF POLICE, VIYYOOR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5386 of 2009 --------------------------------------------- Dated this the 21st day of January, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.507 of 2009 of Viyyoor Police Station, Thrissur District. 2. The offence alleged against the petitioner is under Section 9B(1)(b) of the Explosives Act, 1884. 3. The learned counsel for the petitioner submitted that the offence under Section 9(B)(1)(b) of the Explosives Act is a bailable offence. However, when the first accused was arrested and produced before court, he was not granted bail and he was remanded to judicial custody. Therefore, the petitioner was constrained to move the Sessions Court under Section 438 of the Code of Criminal Procedure. The learned Sessions Judge dismissed the Bail Application by the order dated 10th September, 2009. From the order passed by the learned Sessions Judge, it is seen that no contention was raised before BA No.5386/2009 2 him that the offence is a bailable offence. 4. The learned Public Prosecutor submitted that the offence under Section 9B(1)(b) of the Explosives Act is a bailable offence. The punishment provided for the offence is imprisonment for a term which may extend to two years or with fine which may extend to three thousand rupees or with both. Going by the second part of the first Schedule to the Code of Criminal Procedure, the offence is bailable. It is submitted by the learned Public Prosecutor that there is no other provision making the offence a non bailable one. If the offence is a bailable offence, an application for bail under Section 438 Crl.P.C. would not be maintainable. Therefore, this Bail Application is dismissed making it clear that the offence alleged against the petitioner under Section 9B(1)(b) of the Explosives Act is a bailable offence. K.T.SANKARAN, JUDGE csl