IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 Bail Appl..No. 3883 of 2010() ----------------------------- CRIME NO.410/2009 OF NADAPURAM POLICE STATION, KOZHIKODE. .................... (S): ACCUSED --------------------------- AVVA @ ABDULLA, AGED 32 YEARS, S/O.KUNHAMMAD, KALLINKANDI HOUSE, CHEKYAD, PARAKKADAV, KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3883 of 2010 ---------------------------------------------- Dated 5th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Section 307 and 120B read with Section 34 of the Indian Penal Code and Section 3 (1) of the Prevention of Damage to Public Property Act and Sections 3 and 5 of the Explosive Substance Act. According to prosecution, on 24.10.2009 at about 8.30 p.m., petitioner, along with others accused threw bomb to the police party and committed various offences. 3. Learned counsel for petitioner submitted that petitioner was arrested on 26.5.2010 and he is in custody for the past 40 days. The petitioner is the 4th accused. The first and third accused were granted bail by this court. As against first accused, there are three other cases. The second accused is the person who hurled bombs at the police party. The third accused is the person who allegedly funded the accused for purchasing bomb. Petitioner surrendered the passport in the other case, in which he is involved. Petitioner has not violated any condition, but he had BA NO. 3883/10 2 threat from the rival group of political party and hence, he could not move out of the house. Petitioner is prepared to abide by any condition, it is submitted. 4. Learned Public Prosecutor submitted that petitioner manufactured the bomb, which was used for the offence. 38 bombs were manufactured by him. He was involved in another case (crime No.77/10 of Valayam police station) registered under Sections 326 and 308 of the Indian Penal Code etc. Though bail was granted in that case, petitioner violated the conditions and did not report before the Investigating Officer. Hence, petitioner's presence may be ensured for the purpose of investigation and trial, it is submitted. 5. On hearing both sides and considering the fact that co-accused, who are similarly placed and against whom, more serious allegations are made are granted bail, I do not think that it is proper to refuse bail to petitioner. However, taking into consideration the facts submitted by the learned Public Prosecutor, I find that stringent conditions have to be imposed. The investigation is still in progress. 6. Hence, the following order is passed : BA NO. 3883/10 3 Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on everyday between 10 a.m. and 1 p.m., for a period of one month. (ii) Petitioner shall, thereafter, report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not leave the limits of the police station, within which crime is registered, except with the prior permission of the learned Magistrate. (iv) Petitioner shall not influence or intimidate any witness or tamper with evidence. (v) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs