IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Bail Appl..No. 675 of 2010() ---------------------------- CRIME NO.16 OF 2010 OF KOVALAM POLICE STATION PETITIONERS/A1&A2 ------------------------------------- 1. JOHNSON, AGED 61, S/O.THOMSON, ZIONKUNNU VEEDU, KOLIYOOR, MUTTACAUD P.O., THIRUVANANTHAPURAM. 2. VIJAYAN, AGED ABOUT 50, S/O.SOMAN, SHIBHITHA BHAVAN, KOVALAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, KOVALAM POLICE STATION, (CRIME 16/10), THIRUVANANTHAPURAM DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.675 of 2010 --------------------------------------------- Dated this the 9th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.16 of 2010 of Kovalam Police Station. 2. The offences alleged against the petitioners are under Section 324 read with Section 34 of the Indian Penal Code and Sections 3 & 5 of the Explosive Substances Act. 3. The allegation is that the accused persons operated a granite quarry and on 12.1.2010, they blasted rocks using explosive substances without any license or permit. It is also alleged that while blasting rocks, a splinter came into contact with the body of the de facto complainant, the Assistant Sub Inspector of Police and he sustained injuries. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am BA No.675/2010 2 of the view that anticipatory bail can be granted to the petitioner on stringent conditions. 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.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; 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 csl