IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 366 of 2010()
1. VIJITHRAN.T.P., S/O.KUNHIKRISHNAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.SUBHASH CYRIAC
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/02/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 366 OF 2010
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Dated this the 15th day of February, 2010
O R D E R
When the Bail Application came up for hearing on 2.2.2010,
the following order was passed:
“This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure. The
petitioner is the accused in Crime No.383/2009 of
Kolavalloor Police Station, Kannur District.
2. The offence alleged against the petitioner
is under Section 4 of the Explosive Substances Act.
3. It is alleged that on 25.12.2009, the police
party found 100 detonators in a shed near the quarry
run by the petitioner. It is alleged that the brother of
the petitioner was having the required licence for
running the quarry. He is not available in station for
the last two years. It is alleged that the petitioner is
running the quarry.
4. After having heard the learned counsel for
the petitioner and the learned Public Prosecutor, I am
B.A. NO. 366 OF 2010
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of the view that before disposing of the Bail
Application, an opportunity should be given to the
petitioner to appear before the investigating officer.
Accordingly, there will be a direction to the petitioner to
appear before the investigating officer at 9 A.M. on 8th
and 9th February, 2010.
Post on 15.02.2010.
It is submitted by the learned Public Prosecutor
that the petitioner will not be arrested until further
orders in connection with Crime No.383/2009 of
Kolavalloor Police Station, Kannur District.
The petitioner shall produce copy of this order
before the investigating officer. ”
2. It is submitted by the learned counsel for the petitioner as
well as the learned Public Prosecutor that the direction in the order
dated 2.2.2010 has been complied with by the petitioner.
3. Taking into account the facts and circumstances of the
case, the nature of the offence and also taking note of the fact that
the direction in the order dated 2.2.2010 has been complied with by
the petitioner, I am of the view that anticipatory bail can be granted
B.A. NO. 366 OF 2010
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to the petitioner. 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.15,000/- 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 alternate
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
ahz/