IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 4447 of 2009() ----------------------------- CRIME NO.142/2009 OF BADIADKA POLICE STATION, KASARAGOD PETITIONER : ACCUSED ------------------------------ ABDUL HAMEED S/O ABDUL RAHMAN, S.H. HOUSE, NAYAMMARMOOLA, MUTTAHIDT, KASARAGODE. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4447 of 2009 --------------------------------------------- Dated this the 6th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.142 of 2009 of Badiadka Police Station. 2. The offence alleged against the petitioner is under Section 5(a) of the Explosive Substances Act. 3. The prosecution case is that on 23.7.2009, on getting secret information that the first accused was in possession of large quantity of explosive substances, conducted a search in the house of the first accused. On search, 1000 detenators, 1800 fuse wires, 84 gelatine sticks, 90 kgms. of explosive salt and 25 detenators connected with wire were seized. Further allegation is that the petitioner herein, who is the second accused, has supplied the articles to the first accused. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations BA No.4447/2009 2 levelled against the petitioner, I do not think it is proper to grant anticipatory bail to the petitioner. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would affect the smooth investigation of the case, as rightly pointed out by the learned Public Prosecutor. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl