IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY,THE26H DAY OF NOVEMBER20135TH AGRAHAYANA, 1935 Bail Appl..No. 5829 of 2013 () ------------------------------- CRIME NO. 140/2013 OF NADAPURAM POLICE STATION , KOZHIKODE DISTRICT ------------------------------------ PETITIONER/ACCUSED:- --------------------------------------- RAFEEK C.H., S/O.SOOPI HAJI, AGED37YEARS,CHERIKANDIYIL HOUSE, KUNNUMMAL AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT/COMPLAINANT:- ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2611-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No. 5829 of 2013 -------------------------------------------- Dated this the 26th day of November 2013 ORDER
Petitioner is accused in Crime No.140 of 2013 of the Nadapuram Police station for the offences punishable under Sec.4 of the Explosive Substance Act, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has submitted that petitioner was entrusted by the authorities of the TIM Girls School to prepare the school ground. Petitioner kept explosives there without licence. The same was recovered by the Police on 21.02.2013.
3. Learned counsel submits that the allegations are not true and at any rate, there was no oblique motive or intention to commit any crime.
4. Having regard to the relevant circumstances, I am inclined to think that the petitioner could be granted bail but subject to conditions. Resultantly, the application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.140 of 2013 of Bail Appl. No. 5829 of 2013 2 the Nadapuram Police station on 03.12.2013 at 10 a.m. for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. In case after interrogation, arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
4. On such production learned magistrate shall release the petitioner ( if not required to be detained otherwise) on bail on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: (a) One of the sureties shall be a close relative of the petitioner. Bail Appl. No. 5829 of 2013 3 (b) Petitioner shall report to the officer investigating Crime No.140 of 2013 of the Nadapuram Police station on every Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier (c) Petitioner shall report to the investigating officer as and when required for interrogation. (d) Petitioner shall not get involved in any offence during the period of this bail. (e) In case any of the above conditions is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge Bail Appl. No. 5829 of 2013 4