IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 Bail Appl..No. 1588 of 2009() ----------------------------- AGAINST THE ORDER IN LP 1/2009 IN SC.4/2006 of ADDL. DISTRICT COURT, VADAKARA .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- ISMAYIL, S/O. ABDULLA, PULLANHOTTU HOUSE, CHERUMOTH P.O., VALAYAM VIA, VATAKARA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VALAYAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.1588 of 2009 - - - - - - - - - - - - - - - - DATED: 30.03.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is accused No.4 in Crime No.111 of 2002 of Valayam Police station for offences punishable under Sections 3 and 5 of the Explosive Substances Act, seeks his enlargement on bail. 2. Consequent on the abscondence of the petitioner in S.C No.4 of 2006 on the file of the Additional District and Sessions Judge, Vadakara, the case against the petitioner has been split up and transferred to the Long Pending Case Register as L.P. Case No.1 of 2009. Consequent on the execution of the arrest warrant against him he was arrested on 18.3.2009 and has been remanded to judicial custody where he continues. 3. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. The learned counsel appearing for the petitioner would submit that the co-accused in this case have been tried and acquitted as Annexure A1 judgment dated 20.1.09 in B.A. No.1588 of 2009 S.C.No.4/2006. In the light of the decision Moosa Vs.Sub Inspector of Police ( 2006(1) KLT 552), it is not permissible to this Court to look into the said judgment and decide about the complicity or otherwise of the petitioner who admittedly did not face trial in S.C.No.4 of 2006. However, I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Sessions Court, Vadakara and subject to the following conditions: 1. The petitioner shall report before the Sheristadar of the said court between 10 a.m. and 12 noon on all Wednesdays in L.P.No.1 of 2009. 2. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. sj B.A. No.1588 of 2009 sj