Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 28TH DAY OF DECEMBER 2012 7TH POUSHA 193 Bail Appl..No. 9728 of 2012 () ------------------------------ (CRIME NO.1418/2012 OF MATTANNUR POLICE STATION, KANNUR DISTRICT) ACCUSED(S)/ACCUSED: ------------------ T.C.BHASKARAN, AGED 5 YEARS S/O. KUNHIRAMAN, T.C.HOUSE,MATTANNUR PO THALASSERY TALUK, KANNUR DISTRICT. BY ADVS.SRI.GRASHIOUS KURIAKOSE (SR.) SRI.GEORGE MATHEWS COMPLAINANT(S)/COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KEALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. P.P.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BABU MATHEW P. JOSEPH, J.
------------------------------------------------------------ B.A. No. 9728 of 2012 ------------------------------------------------------------- Dated this the 28th day of December, 2012 ORDER This petition is filed under Section 439 of Cr.P.C. for bail.
2. Heard the learned Senior Counsel for the petitioner and the learned Public Prosecutor.
3. The petitioner is the accused in Crime No.1418 of 2012 of Mattannur Police Station. The offences alleged are under Sections 4 and 5 of the Explosive Substances Act. The petitioner was arrested by the police on 18.12.2012 and produced before the court. He was remanded to judicial custody. He continues to be in custody. Learned counsel for the petitioner submits that the petitioner is innocent of the allegations raised against him. The investigation of the case is almost over. The petitioner has no criminal antecedents. The continued custody of the petitioner is not required for completing the investigation.
4. In view of the facts that the investigation of the case has progressed much and the period of pre-trial incarceration already undergone by the petitioner, the learned Public Prosecutor has [B.A.No.9728/2012] 2 no objection in granting bail to the petitioner imposing appropriate conditions. In the light of the facts weighed with the learned Public Prosecutor, this Court is also of the view that the petitioner can be granted bail. Therefore, the petitioner is granted bail subject to the following conditions:
1) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum to the satisfaction of the concerned Magistrate's Court.
2) The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Fridays for a period of two months.
3) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any Police Officer.
4) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
5) The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. [B.A.No.9728/2012] 3
6) The petitioner shall not commit any similar offence while on bail.
7) The petitioner shall not leave India without the previous permission of the concerned Magistrate's Court. This application is allowed as above. Sd/- BABU MATHEW P. JOSEPH, JUDGE. krs.