IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 Bail Appl..No. 5182 of 2008() ----------------------------- CRIME NO.294/2008 OF VIZHINJAM POLICE STATION PETITIONER : ACCUSED ------------------------ SHAHUL HAMEED, S/O.MUHAMMED ABDUL KHADER, AGED 51, SHAMEER MANZIL, VETTUVILAVEEDU, VIZHINJAM.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.VINOJ RAJAN RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5182 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2008 O R D E R Application for anticipatory bail. 2. The alleged offence is under section 5 of the Explosive Substances Act, 1908. According to prosecution, petitioner purchased fishes, which were allegedly caught by using explosives. Petitioner is the 1st accused. Second accused who allegedly transported the fishes was arrested and released on bail. 3. Learned counsel for the petitioner submitted that application for anticipatory bail filed by petitioner was dismissed by the lower court on the ground that petitioner was owner of the lorry in which the article was transported. This fact is not correct, as evidenced by Annexure-2 , which shows that the lorry belongs to one Radhakrishnan who is the R.C. owner of the lorry. Learned counsel for the petitioner also submitted that petitioner only purchased the fish and he has nothing to do with fishing. Therefore, no offence will lie against him, even if the entire prosecution case is accepted. 4. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail. 5. Hence, anticipatory bail is granted to the petitioner on the following terms and conditions:- BA 5182/08 -2- Petitioner shall be released, in the event of his arrest, on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the arresting officer on condition that he will make himself available for interrogation and and when directed by the Investigating Officer and he will co-operate with the investigation. The application is allowed as above. K. HEMA, JUDGE. mn.