IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 899 of 2010() ---------------------------------------- AGAINST THE ORDER DATED 02/02/2010 IN CMP 128/2010 IN CMP.594/2010 of J.M.F.C.-I,HOSDRUG. CRIME NO.129/2010 HOSDURG POLICE STATION. .................... PETITIONER (S): ACCUSED: ------------------------- WILSON K.P., S/O.PADMANABHAN, NEAR SUB STATION, MAVUNGAL, AJANUR VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 899 of 2010 ------------------------------------ Dated this the 18th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 129/2010 of Hosdurg Police Station. 2. The offence alleged against the petitioner is under Section 5 of the Explosive Substances Act. 3. The prosecution case is that on 01.02.2010, a quantity of 20 kgs of Ammonium Nitrate and 130 numbers of detonators were seized from the rented room in a line building, in the possession of the petitioner and which is owned by one Abdulla. The petitioner was arrested on 01.02.2010 and he was remanded to judicial custody. 4. The investigation, prima facie, reveals that the petitioner had stored Explosive Substances for being used in the quarry run by him. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of B.A. No. 899 of 2010 2 investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg 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 and Thursdays, 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 surrender his passport before the Court of the Judicial Magistrate of the First Class-I, Hosdurg within a period of one week . If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No. 899 of 2010 3 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 as above. K.T. SANKARAN, JUDGE ln