Muraleedharan P v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 Bail Appl..No. 7713 of 2015 () ------------------------------- CRIME NO. 21/2014 OF MALOOR POLICE STATION, KANNUR DISTRICT ------------- PETITIONER/ACCUSED :

--------------------------------- MURALEEDHARAN P., AGED 55 YEARS, S/O. PADMANABHAN, PARVATHY HOUSE, MANGATTIDUM, THALASSERY.

BY ADV. SRI.M.T.SURESHKUMAR RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

B. SUDHEENDRA KUMAR, J.

------------------------------ Bail Appl. No.7713 of 2015 -------------------------------------------- Dated this the 9th day of December 2015

O R D E R

This is an application filed under Sec.439 Cr.P.C.

2. Petitioner is the accused in Crime No.21 of 2014 of Maloor Police station registered under Secs.4 and 5 of the Explosive Substances Act on the allegation that on 18.01.2014 at about 5.00 p.m., the petitioner, was found in possession of explosive substances without having any valid documents, for the purpose of quarrying, in contravention of the provisions of the Explosive Substances Act. He was arrested on 26.10.2015 and ever since he has been in custody.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Learned Public Prosecutor has no serious objection in allowing this application. It has been submitted by the learned Public Prosecutor that the

Bail Appl. No.7713 of 2015 2 petitioner is not involved in any other offence of similar nature. It has been further submitted by the learned Public Prosecutor that the investigation revealed that the petitioner possessed the said explosives for the purpose of quarrying operation and not for any other antisocial activity.

5. It appears from the case diary that the major part of the investigation as regards the petitioner is almost complete. Considering the facts and circumstances of the case, including the period of detention of the petitioner and also taking into consideration of the fact that the petitioner is a first time offender, I am inclined to grant bail to the petitioner. In the result, the bail application stands allowed and the petitioner shall be enlarged on bail on his executing a bond for Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate and subject to the following further conditions:-

1. The petitioner shall report before the

Bail Appl. No.7713 of 2015 3 investigating officer on every Saturday between 9.00 a.m. and 11.00 a.m. for four months and thereafter as and when required by the investigating officer in writing to do so..

2. The petitioner shall not get involved in any other similar offence while on bail.

3. The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

Sd/- B. SUDHEENDRA KUMAR JUDGE / True Copy / NS/09/12/2015 P.A. To Judge