IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 1860 of 2010 CRIME NO.337 OF 2010 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. APPLICANT/ACCUSED NO.1: ------------------------------------- PRASANNA KUMAR, AGED 50 YEARS, S/O.PRABHAKARAN, D.D.NIVAS, NEDUVILA, MAMPAZHAKKARA, NEYYATTINKARA. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, NEYYATTINKARA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1860 OF 2010 ------------------------------------------------------ Dated this the 8th day of April, 2010 O R D E R 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.337 of 2010 of Neyyattinkara Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused are under Section 5 of the Explosives Act and Section 3 of the Explosive Substances Act. 3. The prosecution case is that on 9.3.2010, the second accused blasted rocks using explosive substances. The allegation against the petitioner is that the property belongs to the petitioner (first accused). It is stated that accused No.2 was arrested and he was released on bail. 4. 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. B.A. NO. 1860 OF 2010 :: 2 :: 5. 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 ahz/