IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Bail Appl..No. 6674 of 2008() ----------------------------- (CRIME NO. 299/2008 OF PERINGOME POLICE STATION) PETITIONER/ACCUSED -------------------------------------- K.S.MUHAMMED KUNHI, AGED 70 YEARS, COURT ROAD, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.299/2008 OF PERINGOME POLICE STATION). 2. STATION HOUSE OFFICER, PERINGOME POLICE STATION, (CRIME NO.299/2008 OF PERINGOME POLICE STATION), PERINGOME, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6674 of 2008 --------------------------------------------------- Dated this the 30th day of October, 2008. ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 5 of the Explosives Act. Petitioner is the 2nd accused, who is the licensee of he shop from where detonators were seized by the police. The salesman was arrested from the spot. 3. Learned counsel for the petitioner submitted that the petitioner is aged 72 years and he has been a cancer patient since 1997. The shop is actually being run by the salesman and it is also being controlled by him. Petitioner is implicated only because he happened to be the licensee. He has no connection with the article seized. It is also submitted that Annexures A1 series would show that petitioner is undergoing treatment for cancer since a very long time. The condition of the petitioner is deteriorating. In the above circumstances, anticipatory bail may be granted, it is submitted. 4. Learned Public Prosecutor submitted that he may be directed to surrender before the investigating officer and co-operate with the investigation. [B.A.No.6674/80] 2 4. On hearing both sides, on consideration of the physical state of petitioner, I think it fit to grant anticipatory bail to petitioner on conditions. Hence, the following order is passed. 1) Petitioner shall surrender before the investigating officer within seven days from today and co-operate with the investigation. 2) In the event of arrest, petitioner shall be released on bail on his executing bond for Rs.25,000/-with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that he will co-operate with the investigation and will not commit any offence while on bail. Petitions are allowed. K. HEMA, JUDGE. Krs.