IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Bail Appl..No. 5893 of 2011() ----------------------------- Crime No.634 of 2011 of Kilimanoor Police Station. PETITIONERS/ACCUSED NOS.2 & 3 ------------------------------------------------- 1. ALIYARUKUNJU, AGED 58 YEARS, S/O.MOHAMMED HANEEFA, JESEENA MANZIL, MALECKAL P.O., KILIMANOOR VILLAGE. 2. NADIRSHAN, AGED 41 YEARS, S/O.ALIYARUKUNJU, POOVATHOOR HOUSE, PULIYOORKONAM P.O., MADAVOOR VILLAGE. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5893 of 2011 ---------------------------------------------- Dated this the 22nd day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.3 and 2 in Crime No.634 of 2011 of Kilimanoor Police Station. 2. The offence alleged against the petitioners is under Section 3 of the Explosive Substances Act. 3. When the Bail Application came up for admission on 9th August, 2011, the following order was passed: “3. The prosecution case is that on 02/07/2011, explosive substances were found in the quarry run by the accused. The petitioners apprehend arrest. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that 2 before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 16/08/2011 and 17/08/2011. 6. Post on 22/08/2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.634 of 2011 of Kilimanoor Police Station, till 25/08/2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 9th August, 2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 9th August, 2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be 3 a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M on alternate 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 to the extent indicated above. K.T.SANKARAN, JUDGE. cms