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.
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B.A. No. 899 of 2010
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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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