IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 Crl.MC.No. 3680 of 2010() --------------------------------------- AGAINST THE ORDER DTD. 28.4.2010 IN CMP. NO.959/10 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, THIRUVANANTHAPURAM. ........... PETITIONER(S):/COUNTER PETITIONER ---------------------------------------------------------- THE DEPUTY POLICE COMMISSIONER, (ADMINISTRATION AND CRIME) THIRUVANANTHAPURAM CITY. BY GOVERNMENT PLEADER SRI.P.A.SALIM RESPONDENT(S): ACCUSED ---------------------------------------- RAJASEKHARAN NAIR, AGED 50 YEARS, S/O.RAMAKRISHNA PILLAI, SARASWATHYVILASAM VEEDU, KRISHNAPURAM, VALIYATHURA, MALAYIMKEEZH VILLAGE, PIN-695 008. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3680 of 2010 -------------------------- ORDER By order dated 28.4.2010 in C.M.P.No.959/2010, Judicial First Class Magistrate-II, Thiruvananthapuram granted bail to the accused on conditions. State has filed this petition to expunge the observation in the bail order to the effect that offences alleged under Sections 4 and 5 of Explosive Substances Act appears, prima facie, not maintainable against the accused in the case. Argument of the learned Public Prosecutor is that said observation is to be expunged in view of the report of the expert obtained during investigation. 2. On hearing the learned Public Prosecutor, I do not find it necessary to expunge the observation as sought for, though there is force in the submission that the observations are uncalled for. It is made clear that any observation in the bail order shall not be taken as findings in the case and learned Magistrate shall ignore the observations at the time of trial. Petition is disposed. 7th September, 2010 (M.Sasidharan Nambiar, Judge) tkv