High Court Kerala High Court

Wilson K.P. vs State Of Kerala on 18 February, 2010

Kerala High Court
Wilson K.P. vs State Of Kerala on 18 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 899 of 2010()


1. WILSON K.P., S/O.PADMANABHAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SMT.T.SUDHAMANI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :18/02/2010

 O R D E R
                        K.T. SANKARAN, J.
                     ---------------------------
                      B.A. No. 899 of 2010
                 ------------------------------------
             Dated this the 18th day of February, 2010

                             O R D E R

This is an application for bail under Section 439 of the Code

of Criminal Procedure. The petitioner is the accused in Crime No.

129/2010 of Hosdurg Police Station.

2. The offence alleged against the petitioner is under

Section 5 of the Explosive Substances Act.

3. The prosecution case is that on 01.02.2010, a quantity

of 20 kgs of Ammonium Nitrate and 130 numbers of detonators

were seized from the rented room in a line building, in the

possession of the petitioner and which is owned by one Abdulla.

The petitioner was arrested on 01.02.2010 and he was remanded

to judicial custody.

4. The investigation, prima facie, reveals that the

petitioner had stored Explosive Substances for being used in the

quarry run by him.

5. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

petitioner, the nature of the offence and the present stage of

B.A. No. 899 of 2010 2

investigation, I am of the view that bail can be granted to the

petitioner.

6. The petitioner shall be released on bail on his executing

bond for Rs.25,000/- with two solvent sureties each for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class-I, Hosdurg 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 and Thursdays, 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 surrender his passport
before the Court of the Judicial Magistrate
of the First Class-I, Hosdurg within a
period of one week . If the petitioner does
not hold an Indian Passport, an affidavit
sworn to by him to that effect shall be
filed before the learned Magistrate within
one week.

D) The petitioner shall not try to influence
the prosecution witnesses or tamper with
the evidence.

E) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.

B.A. No. 899 of 2010 3

F) In case of breach of any of the conditions
mentioned above, the bail shall be liable
to be cancelled.

The Bail Application is allowed as above.

K.T. SANKARAN, JUDGE

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