IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3680 of 2010()
1. THE DEPUTY POLICE COMMISSIONER,
... Petitioner
Vs
1. RAJASEKHARAN NAIR, AGED 50 YEARS,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :07/09/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.3680 of 2010
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ORDER
By order dated 28.4.2010 in C.M.P.No.959/2010,
Judicial First Class Magistrate-II, Thiruvananthapuram
granted bail to the accused on conditions. State has
filed this petition to expunge the observation in the
bail order to the effect that offences alleged under
Sections 4 and 5 of Explosive Substances Act appears,
prima facie, not maintainable against the accused in
the case. Argument of the learned Public Prosecutor is
that said observation is to be expunged in view of the
report of the expert obtained during investigation.
2. On hearing the learned Public Prosecutor, I do
not find it necessary to expunge the observation as
sought for, though there is force in the submission
that the observations are uncalled for. It is made
clear that any observation in the bail order shall not
be taken as findings in the case and learned Magistrate
shall ignore the observations at the time of trial.
Petition is disposed.
7th September, 2010 (M.Sasidharan Nambiar, Judge)
tkv