IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Bail Appl..No. 6493 of 2009() ----------------------------- CRIME NO.398/09 OF MALAYINKIL POLICE STATION, THIRUVANANTHAPURAM PETITIONER: ACCUSED ------------------------------- BIJU, S/O.POULOSE, RESIDING AT MACHEL VARANVILA, VILAVOORKKAL DESOM AND VILLAGE. BY ADV. SRI.RAJIT SRI.P.ANOOP (MULAVANA) RESPONDENT(S): STATE --------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTORK HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6493 of 2009 --------------------------------------------- Dated this the 13th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.398 of 2009 of Malayinkil 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, explosive substances were recovered from the possession of the petitioner. He was arrested on the same date. The petitioner was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that steps were taken by the petitioner to get the required license under the Explosive Substances Act. Annexures A1 and A2 were relied on in support of the contentions. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.6493/2009 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 his 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