IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Bail Appl..No. 366 of 2010 CRIME NO.383 OF 2009 OF KOLAVALLOOR POLICE STATION, KANNUR. PETITIONER: ACCUSED: ------------------------------ VIJITHRAN.T.P., S/O.KUNHIKRISHNAN, AGED 29 YEARS, KANDIYAN HOUSE, CHERUPARAMBU, THUVAKUNNU (VIA). BY ADV. SRI.SUBHASH CYRIAC SMT.SHEEBA JOSEPH SRI.BIBIN ABRAHAM RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLAVALLOOR POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 366 OF 2010 ------------------------------------------------------ Dated this the 15th day of February, 2010 O R D E R When the Bail Application came up for hearing on 2.2.2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.383/2009 of Kolavalloor Police Station, Kannur District. 2. The offence alleged against the petitioner is under Section 4 of the Explosive Substances Act. 3. It is alleged that on 25.12.2009, the police party found 100 detonators in a shed near the quarry run by the petitioner. It is alleged that the brother of the petitioner was having the required licence for running the quarry. He is not available in station for the last two years. It is alleged that the petitioner is running the quarry. 4. After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am B.A. NO. 366 OF 2010 :: 2 :: of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 8th and 9th February, 2010. Post on 15.02.2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.383/2009 of Kolavalloor Police Station, Kannur District. The petitioner shall produce copy of this order before the investigating officer. ” 2. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 2.2.2010 has been complied with by the petitioner. 3. 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 2.2.2010 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted B.A. NO. 366 OF 2010 :: 3 :: 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 on his executing bond for Rs.15,000/- 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 alternate 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; 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 ahz/