IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6769 of 2007()
1. NOUSHAD, AGED 24 YEARS,
... Petitioner
2. ASHRAF, AGED 35 YEARS,
3. RASAK, AGED 37 YEARS,
Vs
1. STATE OF KERALA REPRESENTED BY SHO,
... Respondent
For Petitioner :SRI.M.ASOKAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :06/11/2007
O R D E R
R.BASANT, J
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B.A.No.6769 of 2007
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Dated this the 6th day of November, 2007
ORDER
Application for regular bail. Petitioners are accused 1, 2 and 6.
They face indictment in a prosecution under the provisions of the
Explosive Substances Act.
2. Investigation is completed. Final report has already been
filed. Cognizance has been taken by the learned Magistrate.
Committal proceedings has been registered. Consequent to non
appearance of the petitioners, the case against them has been
transferred to the list of Long Pending Cases. Coercive processes have
been issued by the learned Magistrate. The petitioners had
surrendered before the learned Magistrate on 23.10.07. Their
application for bail was rejected by the learned Magistrate. The
petitioners continue in custody from that date.
2. The learned counsel for the petitioners submits that the
petitioners are absolutely innocent. The petitioners may now be
enlarged on bail. They may not be compelled to remain in custody
until trial against them is completed, submits the learned counsel for
the petitioners.
B.A.No.6769 of 2007 2
3. The learned Public Prosecutor does not oppose the
application. The learned Public Prosecutor submits that appropriate
conditions may be imposed to ensure that the petitioners shall be
available for trial.
4. Having considered all the relevant inputs, I am satisfied
that the petitioners can be released on bail subject to appropriate
terms and conditions.
5. In the result, this application is allowed. The petitioners
shall be released on bail on the following terms and conditions.
i) The petitioners shall execute a bond for Rs.1,00,000/-
(Rupees One lakh only) each with two solvent sureties each for the like
sum to the satisfaction of the learned Magistrate;
ii) The petitioners shall not leave the State of Kerala until the
case against them is finally disposed of except with the permission of
the learned Magistrate;
iii) The petitioners shall report before the S.H.O, Nadapuram
Police Station between 5 p.m and 6 p.m on the first Mondays of all
English Calendar Months until such case against them is disposed of.
(R.BASANT, JUDGE)
rtr/-
B.A.No.6769 of 2007 3