IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3152 of 2009 CRIME NO.196 OF 2009 OF NADAPURAM POLICE STATION CMP.1588/2009 of J.M.F.C.,NADAPURAM PETITIONERS: ACCUSED NO.1 & 2 ------------------------------------ 1. ANIL, S/O.NARAYANAN, AGED 31, THAYAMBARA HOUSE, OTTAPPALAM, PALAKKADU DISTRICT. 2. THOMAS JOSEPH, S/O.JOSEPH, AGED 43, 59/1, 7TH CROSS, 3RD MAIN, JAKKASANDRA, KORAMANGALA IST BLOCK, BANGALORE-560 034. BY ADV. SRI.R.MURALEEKRISHNAN SRI.P.M.MUJEEB REHIMAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3152 OF 2009 ------------------------------------------------------ Dated this the 12th June, 2009 B O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.196 of 2009 of Nadapuram Police Station. 2. The offence alleged against the petitioners is under Section 5 of the Explosive Substances Act. 3. The prosecution case is that on 22.5.2009, the petitioners and other accused persons were found transporting 140 gelatin sticks without any licence in a car. The petitioners were arrested on the same day and they were produced before Court. They are in judicial custody. 4. Heard learned Public Prosecutor and the counsel for the petitioners. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that B.A. NO. 3152 OF 2009 :: 2 :: bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing bond for Rs. 50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nadapuram, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners 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 as above. (K.T.SANKARAN) Judge ahz/