IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 1703 of 2010 CRIME NO.95 OF 2010 OF MATTANNUR POLICE STATION, KANNUR PETITIONER: ACCUSED NO.3 -------------------------------- T.V. SATHYANANDAN, S/O. DAMODARAN NAMBIAR, AGED 40 YEARS, VALIYAVEEDU, MUTTANNUR, KOODALI, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, MATTANNUR POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1703 OF 2010 ------------------------------------------------------ Dated this the 5th day of April, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.95 of 2010 of Mattannur Police Station, Kannur. 2. The offence alleged against the accused is under Section 4 of the Explosive Substances Act. 3. On 28.1.2010, the Sub Inspector of Police, Mattannur Police Station got secret information that explosive substances were being stored in a building belonging to accused No.3. The police party along with the witnesses went to the building owned by the third accused. They reached the place at 8.45 P.M. At that time, the police party found that three persons were stacking something in the room. On seeing the police party, they ran away. The police apprehended two of them. They are accused Nos.1 and 2. Accused Nos.1 and 2 as well as the witnesses who were called to witness the search, stated that the person who ran away was accused No.3. He could not be arrested. B.A. NO. 1703 OF 2010 :: 2 :: 4. On search of the aforesaid premises, the police party also found large quantities of explosive substances. A total number of 95 “gunds” were found from the place. Apart from that, three sacs of Pottassium Nitrate, one sac of Sulphur, 45 polythene covers each cover containing 1 KG of Sodium Nitrate, 2 Kgs of gun powder and other accessories were found. 5. The petitioner filed B.A.No.1227 of 2010 for anticipatory bail. That application was dismissed by the order dated 11.3.2010. Thereafter, the petitioner surrendered before Court on 15.3.2010 and he was remanded to judicial custody. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the 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 on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to B.A. NO. 1703 OF 2010 :: 3 :: the satisfaction of the Judicial Magistrate of the First Class, Mattannur, 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 and Thursdays for a period of two months and thereafter, 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 surrender the passport before the Judicial Magistrate of the First Class, Mattannur within one week. If the petitioner does not hold an Indian passport, an affidavit to that effect, sworn to by him, shall be filed before the learned Magistrate within one week; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 ahz/