IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 Bail Appl..No. 3060 of 2010() ----------------------------- CRIME NO.743/2009 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM (S): PETITIONER/5TH ACCUSED. ------------------------------------------- HAKKIM,S/O.SALAHUDEEN,TC.46/842, HASEENA MANZIL, MANICKA VILAKOM, MUTTATHARA VILLAGE, POONTHURA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SMT.VIDYA GOPINATH RESPONDENT(S): RESPONDENT/COMPLAINANT. -------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3060 of 2010 ---------------------------------------------- Dated 24th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 5 of the Explosive Substances Act. According to prosecution, certain persons were engaged in fishing using explosive substances and during transportation of the fish in vehicles, the offence was detected. Petitioner is the 5th accused. 3. Learned counsel for petitioner submitted that petitioner was the driver of the lorry in which fishes were transported and he has not used any explosive substance. The prosecution itself has no case that he had used any explosive substance. 4. Learned Public Prosecutor submitted that the allegation against petitioner is that he was transporting fish, which were caught by using explosives. Considering the limited nature of the allegation, he has no objection in granting anticipatory bail, it is submitted. On hearing both sides, I am satisfied that this is a fit BA NO. 3060/10 2 case to grant anticipatory bail. Hence, the following order is passed : Petitioner shall surrender before the Magistrate Court concerned within seven days from today and on such surrender, he 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 learned Magistrate on condition that petitioner shall report before the Investigating Officer as and when directed and co-operate with the investigation. Petition is allowed. K.HEMA, JUDGE. tgs