IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE2D DAY OF JANUARY201412TH POUSHA, 1935 Bail Appl..No. 8741 of 2013 () ------------------------------- CRIME NO. 577/2013 OF RAJAPURAM POLICE STATION , KASARGOD ACCUSED(S)/PETITIONER: ---------------------- ASHOKAN K.N AGED49YEARS S/O.NARAYANAN, KANDATHURRUTHIL HOUSE, CHULLIYODI KALLAR GRAMAM BY ADVS.SRI.SUNNY MATHEW SRI.S.R.SREEJITH COMPLAINANT(S)/RESPONDENT/STATE: -------------------------------- 1. THE S.I OF POLICE REJAPURAM POLICE STATION, KASARAGOD DIST2 STATE OF KERALA REP BY THE PUBLIC PROSECUTORO, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR: ADV.E.M.ABDUL KADIR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0201-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.
========================= B.A.No.8741 of 2013 ============================ Dated this the 02nd day of January, 2014 ORDER
Petitioner is accused, in Crime No.577 of 2013 of the Rajapuram Police Station for the offences punishable under Sec.5 of the Explosive Substances Act, is in custody from 06.12.2013 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 06.12.2013 at the relevant time the petitioner was found in possession of detonators in a granite quarry at Chulliyodu. Petitioner was not able to explain for its possession. Investigation of the case is not completed.
3. Learned counsel for the petitioner points out that this Court by order dated 18.12.2013 dismissed B.A.No.8435 of 2013 mainly for the reason that the petitioner was not able to produce any document authorising him to conduct quarry and possess explosives. Learned counsel has invited my attention to Annexure-A1, communication from the District Collector, Kasaragod to the District Police Chief of that district. It is also submitted that only 5 detonators were seized from the possession of petitioner. B.A.No.8741 of 2013 2 4. Having regard to the circumstance and since the petitioner is in custody from 06.12.2013, I am inclined to grant bail but subject to stringent conditions to prevent repetition of such incidents and illegal quarrying. Resultantly this application is allowed as under: (i) Petitioner is granted bail in Crime No.577 of 2013 of the Rajapuram Police Station and will be released, if not required to be detained otherwise on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions: (a) One of the sureties shall be a close relative of the petitioner. (b) Petitioner shall surrender his passport before the jurisdictional magistrate while executing the bail bond and in case he has none, file affidavit to that effect. (c) Petitioner shall report to the Officer investigating Crime No.577 of 2013 of the Rajapuram Police Station on every Monday and Saturday between 10 a.m and 12 p.m for a period of two months or until final report is filed, whichever is earlier. (d) Petitioner shall report to the Investigating Officer as and when directed for interrogation, at all reasonable time and places. B.A.No.8741 of 2013 3 (e) Petitioner shall not, except with permission from the appropriate authorities, possess explosives or engage in quarrying operation anywhere. (f) Petitioner shall not, during the period of this bail get involved in any offence. (g) In case of violation of any of the conditions the bail granted hereby is liable to be cancelled by moving application before the learned magistrate (until committal of the case if any, and thereafter, of the learned Principal Sessions Judge concerned) as held in P.K Shaji Vs. State of Kerala (AIR2006SC100. (h) If for any reason petitioner requires the passport for any period, he may move the learned magistrate stating reasons. Sd/- THOMAS P.JOSEPH, JUDGE. Sbna True Copy P A to Judge