IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4753 of 2009()
1. PARAKKADAVU AADAMKUTTY,
... Petitioner
2. ZUBAIR.P.P., S/O.MUHAMMED,
Vs
1. STATE OF KERALA,
... Respondent
2. STATION HOUSE OFFICER,
For Petitioner :SRI.V.RAMKUMAR NAMBIAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/09/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.4753 of 2009
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Dated this the 14th day of September, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioners are
accused Nos.2 & 5 in Crime No.355 of 2009 of Valapattanam
Police Station, Kannur.
2. The offences alleged against the petitioners are under
Sections 3 and 5 of the Explosive Substances Act.
3. The prosecution case is that on 16.5.2009, the date on
which Lok Sabha election results were declared, the accused
persons who were members of the successful political party
threw country bombs to the office of a political party.
4. Heard the learned counsel for the petitioners and the
learned Public Prosecutor and considered the materials on
record.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and other circumstances, I am of
the view that anticipatory bail can be granted to the petitioners.
BA No.4753/2009 2
There will be a direction that in the event of the arrest of
the petitioners, the officer in charge of the police station shall
release them on bail on their executing bond for Rs.25,000/-
each with two solvent sureties for the like amount to the
satisfaction of the officer concerned, subject to the following
conditions:
a) The petitioners 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 petitioners shall appear before the investigating officer
for interrogation as and when required;
c) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioners 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