Shibu.V.J. vs The Station House Officer on 16 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 713 of 2010()


1. SHIBU.V.J., S/O.JOSEPH,
                      ...  Petitioner

                        Vs



1. THE STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.T.MADHU

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :16/02/2010

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                        B.A.No.713 of 2010
                  ---------------------------------------------
             Dated this the 16th day of February, 2010


                               ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the sole accused

in Crime No.359 of 2009 of Nileswar 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 14.12.2009, the police

found 25 detonators, 6.2 kgms. of Ammonium Nitrate and 14.80

mtrs. of fuse wire kept near a quarry site. It is stated that the

petitioner was not found near the site. The petitioner

surrendered before court on 14.1.2010 and he was remanded to

judicial custody.

4. 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

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

petitioner.

BA No.713/2010 2

The petitioner shall be released on bail on his executing

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

amount to the satisfaction of the Judicial Magistrate of the First

Class-II, 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, 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 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
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