IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4051 of 2006()
1. KOOLIYODAN SULAIMAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :17/07/2006
O R D E R
J.M.JAMES, J.
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B.A.4051/2006
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DATED THIS THE 17TH DAY OF JULY, 2006
O R D E R
The petitioner is a licensee, for conducting
granite stone quarry, in the property of one Kodakkadan
Mohammed. However, he was found in possession of five
kilograms of sulphar. The petitioner submitted that as he
was licensed, he was conducting the quarrying, through
explosion of the granite. The prosecution submits that the
petitioner, though was permitted to quarrying, was not
legally authorised to possess such explosive substances.
Manjeri Police registered crime No.395/2006 under
Section 5 of Explosives Substances Act, 1908, and under
Section 9 (b)(1) of the Explosives Act, 1884. The counsel
submits that as the petitioner was possessing sulphar,
section 9(b)(1) of the Explosives Act alone will be
effective, and as the petitioner was not having any
materials for making any explosives substances, section 5
of the Explosives Substances Act cannot be resorted to.
B.A.4051/2006
2
Yet another contention of the counsel is that in such
circumstances, the offence alleged under the Explosives
act is triable by the Magistrate court and the petitioner is
hence entitled for bail. The application is filed, under
Section 438 Cr.P.C.
2. After hearing both sides, I direct the petitioner
to surrender before the investigating officer of Manjeri
Police Station, on 21.7.2006 between 10.00 a.m and
11.00 a.m. The petitioner shall be interrogated by the
investigating officer and thereafter, be produced before
the Judicial Magistrate of First Class-I, Manjeri, as per
the law. If the investigating officer requires the
petitioner for further interrogation, he may move an
application before the Court below for the custody of the
petitioner, which shall be heard by the learned
Magistrate and appropriate orders shall be passed
according to the law.
3. If the petitioner move an application for bail,
on production, the learned Magistrate shall also hear him
as well as the Prosecutor and pass orders on that
B.A.4051/2006
3
application. If the application for bail is filed, after
serving copy of the same to the APP, well in advance, the
same shall be heard and disposed of, on the same day
itself, considering the contentions of the petitioner.
The application is disposed of as above.
J.M.JAMES
JUDGE
mrcs