High Court Kerala High Court

Parakkadavu Aadamkutty vs State Of Kerala on 14 September, 2009

Kerala High Court
Parakkadavu Aadamkutty vs State Of Kerala on 14 September, 2009
       

  

  

 
 
  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.
                  ---------------------------------------------
                         B.A.No.4753 of 2009
                  ---------------------------------------------
           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