IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 518 of 2010()
1. ASHIK, S/O. MOIDU, PULAPPADI HOUSE,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
For Petitioner :SMT.T.KAMALA MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/02/2010
O R D E R
K.T. SANKARAN, J.
---------------------------
B.A. No. 518 of 2010
------------------------------------
Dated this the 9th 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 accused No.5 in Crime
No.111/2002 of Valayam Police Station(In the order passed by the
learned Additional District and Sessions Judge, the petitioner is
described as accused No.3. The learned Public Prosecutor
submitted that the petitioner is accused No.5).
2. The offences alleged against the petitioner are under
Sections 3 and 5 of the Explosive Substances Act.
3. The petitioner was granted anticipatory bail by the High
Court. However, the petitioner absconded. The case against him
was split up. It is stated that accused Nos.1 to 3 were tried for
the offences and they were acquitted by the judgment dated
20.01.2009. The petitioner was arrested on 13.01.2010. He
moved for bail. The learned Additional District and Sessions Judge
dismissed the application for bail by the order dated 20.01.2010.
4. The learned Public Prosecutor submitted that the
petitioner is involved in three other crimes, namely, 261/2006 of
B.A. No. 518 of 2010 2
Nadapuram Police Station, Crime No.196/2009 of Valayam Police
Station and Crime No.175/2002 of Valayam Police station.
5. The learned counsel for the petitioner submitted that the
petitioner is prepared to abide by any condition that may be
imposed by the Court.
6. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioner and the nature of the offence, I am of the view that bail
can be granted to the petitioner on stringent conditions.
7. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties each for the like
amount to the satisfaction of the Additional District and Sessions
Judge, Vatakara subject to the following conditions:-
A) The petitioner shall report before the Station
House Officer of Valayam Police Station
between 9 A.M. and 11 A.M. on all
Mondays, Wednesdays and Saturdays till
the trial of the case is over.
B) The petitioner shall surrender his passport
before the Court of the Additional District
and Sessions Judge, Vatakara within 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 Additional District and Sessions
Judge.
B.A. No. 518 of 2010 3
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 as above.
K.T. SANKARAN, JUDGE
ln