IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Bail Appl..No. 60 of 2008() --------------------------- CRIME 828/07 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED ----------------------------------- T.M.ABDUL NAZIR S/O.S.A.KAIIRUNISSA,R/AT SAYYED MANZIL ANANGOOR, VIDYANAGAR P.O., KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP BY SHO KASARAGOD POLICE STATION REP. BY PUBLIC PROSECUTOR ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 60 OF 2008 F ```````````````````````````````````````````````````` Dated this the 23rd day of January, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations in a crime registered for the offence punishable under Section 9 of the Explosive Substances Act. The crux of the allegations is that the petitioner was found to keep a large quantity of LPG cylinders at a premises where he had no authority to keep such substances. Altogether 300 empty cylinders were seized. Some cylinders were also seized from a car parked near the scene of the crime. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The correct crime number is 828/07 of Kasaragod police station and not 802/07 as shown in the petition, submit both sides. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted BA.60/08 : 2 : anticipatory bail subject to appropriate terms and conditions. In the absence of opposition from the learned Public Prosecutor, it is not necessary to advert to the facts in any greater detail in this order. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 30.1.08. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 31.1.08 and 1.2.08 and thereafter on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently as and when directed BA.60/08 : 3 : by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 30.1.08, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 30.1.08. (R.BASANT, JUDGE) aks