IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9303 of 2011() ------------------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.2530/2011 Dated 22/02/2011 CRIME NO.1244/2011 OF OLLUR POLICE STATIN, THRISSUR DISTRICT. .................... PETITIONER/4TH ACCUSED ------------------------------------------ JOY,S/O.LONAPPAN,MAROTTICKAL HOUSE, PUTHOOR VILLAGE, PAYYAPPILLY MOOLA, THRISSUR DISTRICT. BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.V.BALAKRISHNAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA,REPRESENTED BY THE S.I. OF POLICE,OLLUR POLICE STATION, THRISSUR DISTRICT,THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.NOWSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J. ---------------------------- B.A.No.9303 OF 2011 ----------------------------- Dated this the 28th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 4th accused in Crime No. 1244/2011 of Ollur Police Station for offence punishable under Section 5(b) of the Explosive Substances Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Referring to Annexures-A1 and A4, the learned counsel for the petitioner submitted that the petitioner is a fertilizer dealer and that he has been stocking Ammonium Nitrate, which is a fertilizer, with due permit and for storing the same no licence is required either under Explosive Act, 1884 or Explosive Substances Act, 1908. 3. Per contra, the learned Government Pleader would submit that the petitioner is stocking Ammonium Nitrate only B.A.No.9303/2011 2 to prepare explosive substances and that was why the case was registered. However, there is nothing on record to come to a conclusion that the petitioner was involved in the preparation of any explosive substance. According to the learned Government Pleader, the matter is under investigation and so far no document is detected out. Such being the nature of the case, I find that the petitioner can be released on bail on conditions. In the result, this petition is allowed. 3. The petitioner shall report before the Investigating Officer within a week. The Investigating Officer, after interrogation, shall release the petitioner on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions. 1) Petitioner shall report before the Investigating Officer for interrogation as and when required. 2) Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from B.A.No.9303/2011 3 disclosing such facts to the Court or to any police officer. 3) This order shall be in force for a period of one month, within which period the petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce him before the Magistrate concerned. (P.S.GOPINATHAN, JUDGE) ps/29/11