IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Bail Appl..No. 3055 of 2009() --------------------------------------- CRIME NO.110/2009 OF MEPPAYUR POLICE STATION. PETITIONER/ACCUSED: -------------------------------------- PRAJEESHKUMAR,S/O.CHATHAN,AGED 27 YEARS, PARACHALIL HOUSE,MUTHUVANNACHA.PO,KUTTIADI(VIA), MUTHUVANNACHA AMSOM DESOM,KOYILANDY TALUK. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/ COMPLAINANT: ------------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER,MEPPAYUR POLICE STATION. SRI .K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3055 of 2009 ------------------------------------ Dated this the 11th day of June, 2009 O R D E R This is an application for anticipatory bail under section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.110/2009 of Meppayaur Police Station. 2. The offences alleged against the petitioner are under Sections 448 and 427 of the Indian Penal Code and Section 30 of the Explosive Substances Act. 3. The First Information statement given by Ajayakumar shows that at about 3 a.m on 24/05/2009, he woke up hearing a noise and found a bomb in the courtyard. It is also stated one bomb had exploded. It is also stated in the F.I. statement that nephew (petitioner) and brother of the defacto complainant had certain financial dealings and that the petitioner had threatened the defacto complainant. Therefore, the defacto complainant suspects the petitioner in respect of commission of the offence. There is no specific allegation against the petitioner in the F.I. Statement that he has B.A. No.3055/2009 2 committed the offence. The investigation is progressing. The petitioner apprehends arrest. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No.3055/2009 3 E) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. F) 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 scm