IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5903 of 2011() ----------------------------- CRIME NO.127/2011 OF RAJAPURAM POLICE STATION PETITIONER/2ND ACCUSED: ------------------------------- LILLY, W/O.P.M.LOUKOSE, AGED 50 YEARS, RESIDING AT ILLIKKATTIL HOUSE, VAZHITHALA POST, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, THOUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5903 of 2011 --------------------------- Dated this the 26th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.127 of 2011 of Rajapuram Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 5 of the Explosive Substances Act. 3. The prosecution case is that on a search made in the quarry run by the first accused, 12 kgms. of explosive salt, detonators and fuse wires were seized. It is alleged that the quarry from where the explosives were seized belongs to the second accused, who is the wife of the first accused. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. BA 5903/2011 2 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN JUDGE csl