IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8108 of 2011() ----------------------------- CRIME NO.441/2011 OF KOVALLUR POLICE STAION, KANNUR PETITIONERS : ACCUSED 1 & 2 --------------------------------------------- 1. K.KUMARAN,S/O.LATE CHATHU,AGED 72 YEARS RETIRED TEACHER,RESIDING AT BEENALAYAM, EAST VALLIYAYI,MOKERI AMSOM, VALLIYAYI DESOM,P.O.MUTHIYANGA, PIN 670 691,KANNUR DISTRICT. 2. M.RAJEEVAN, S/O.ANANDAN,AGED 37 YEARS,BUSINESS, RESIDING AT THIRUVODAN PARAMBATH, EAST VALLIYAYI,MOKERI AMSOM VALLIYAYI DESOM, P.O.MUTHIYANGA,PIN 670 691, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8108 of 2011 --------------------------- Dated this the 19th day of October, 2011 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.441 of 2011 of Kolavallur Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 4 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 27.9.2011, on a search made by the police in the Mohanagiri Estate owned and possessed by the second accused, large quantity of explosive substances were found. It is submitted that 300 gelatin sticks, 100 detonators, fuse wires having a length of 7.5 mtrs. and 180 kgms. of Ammonium Nitrate were seized. BA 8108/11 2 4. The learned counsel for the petitioners submitted the following : The second petitioner is having a property near Mohanagiri Estate. There was a labour dispute in Mohanagiri Estate. The second petitioner supported the management. Some of the political parties did not like the attitude of the petitioner in supporting the management. Most probably the explosive substances were planted by the workers of Mohanagiri Estate to make it appear that the petitioners are involved in the offence. It is also submitted that the first petitioner is the paternal uncle of the second petitioner and the first petitioner has no property anywhere near and that the contraband was not seized from his property. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations made against the accused, I am not inclined to grant bail to the second petitioner/second accused. However, taking into account the advanced age of the first petitioner/first accused and the fact that the property from where the explosive substances were BA 8108/11 3 seized does not belong to the first accused, I am inclined to grant anticipatory bail to the first accused. There will be a direction that in the event of arrest of the first petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The first 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 first petitioner shall appear before the investigating officer for interrogation as and when required ; C) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; D) The first 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. BA 8108/11 4 The Bail Application is allowed in the manner indicated above in so far as it relates to the first petitioner/first accused and it is dismissed in so far as it relates to the second petitioner/second accused. K.T.SANKARAN JUDGE csl