High Court Kerala High Court

Vijithran.T.P. vs State Of Kerala Represented By on 15 February, 2010

Kerala High Court
Vijithran.T.P. vs State Of Kerala Represented By on 15 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 366 of 2010()


1. VIJITHRAN.T.P., S/O.KUNHIKRISHNAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.SUBHASH CYRIAC

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :15/02/2010

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                       B.A. NO. 366 OF 2010
             ------------------------------------------------------
            Dated this the 15th day of February, 2010


                                O R D E R

When the Bail Application came up for hearing on 2.2.2010,

the following order was passed:

“This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure. The

petitioner is the accused in Crime No.383/2009 of

Kolavalloor Police Station, Kannur District.

2. The offence alleged against the petitioner

is under Section 4 of the Explosive Substances Act.

3. It is alleged that on 25.12.2009, the police

party found 100 detonators in a shed near the quarry

run by the petitioner. It is alleged that the brother of

the petitioner was having the required licence for

running the quarry. He is not available in station for

the last two years. It is alleged that the petitioner is

running the quarry.

4. After having heard the learned counsel for

the petitioner and the learned Public Prosecutor, I am

B.A. NO. 366 OF 2010

:: 2 ::

of the view that before disposing of the Bail

Application, an opportunity should be given to the

petitioner to appear before the investigating officer.

Accordingly, there will be a direction to the petitioner to

appear before the investigating officer at 9 A.M. on 8th

and 9th February, 2010.

Post on 15.02.2010.

It is submitted by the learned Public Prosecutor

that the petitioner will not be arrested until further

orders in connection with Crime No.383/2009 of

Kolavalloor Police Station, Kannur District.

The petitioner shall produce copy of this order

before the investigating officer. ”

2. It is submitted by the learned counsel for the petitioner as

well as the learned Public Prosecutor that the direction in the order

dated 2.2.2010 has been complied with by the petitioner.

3. Taking into account the facts and circumstances of the

case, the nature of the offence and also taking note of the fact that

the direction in the order dated 2.2.2010 has been complied with by

the petitioner, I am of the view that anticipatory bail can be granted

B.A. NO. 366 OF 2010

:: 3 ::

to the petitioner. There will be a direction that in the event of the

arrest of the petitioner, the officer in charge of the police station shall

release him on bail on his executing bond for Rs.15,000/- with two

solvent sureties for the like amount to the satisfaction of the officer

concerned, subject to the following conditions:

a) The petitioner shall report before the investigating
officer between 9 A.M. and 11 A.M. on alternate
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 to the extent indicated above.

(K.T.SANKARAN)
Judge

ahz/