IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 10^TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943 BAIL APPL. NO. 1449 OF 2022 CRIME NO.144/2022 OF ALAKODE POLICE STATION, KANNUR DISTRICT PETITIONERS/ACCUSED NOS.2 & 3:

1 SANKAR DAS AGED 59 YEARS S/O.DAKSHINAMURTHI, KURUPPAM PARAMBIL HOUSE, PALLIKAVALA, VELLAD P.O., VELLAD AMSOM, ALAKODE (VIA), KANNUR DISTRICT, PIN – 670 571.

2 SABU K J AGED 48 YEARS S/O.JOSEPH, KUNNATHANI HOUSE, KAVUMKUDI, VELLAD P.O., VELLAD AMSOM, KANNUR DISTRICT, PIN – 670 571.

BY ADVS.

V.A.SATHEESH V.T. MADHAVANUNNI RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI – 682 031.

BY SMT.SEETHA.S., SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for regular bail.

2. Petitioners are the accused Nos.2 and 3 in Crime No.144 of 2022 of Alakode Police Station, Kannur District, alleging the commission of offence under Section 5 of the Explosive Substances Act. The allegation against the petitioners is that they along with the first accused were found in possession of explosive substances namely, 54 of Electric detonators and 53 sticks of Jelatin while they were attempting to illegally mine granite stones.

3. The learned counsel for the petitioners would submit that the allegation is that the petitioners herein, who are accused Nos.2 and 3, were found using an air compressor fitted on a tractor to break granite stones and boulders while the 1^st accused (not a party to this case) was found in possession of the explosive substances. It is submitted that the allegation if at all is that the explosive substances were brought to the place for the purpose of quarrying granite stone. It is submitted that the petitioners have been in custody from 09.02.2022 and their continued detention is not necessary for the purpose of any investigation.

4. The learned Public Prosecutor points out that the petitioners were clearly engaged in an illegal activity and they have no license or permission for quarrying. It is submitted that the explosive substances were being used without any licence and therefore, the petitioners are clearly guilty of the offence alleged against them.

5. Having regard to the facts and circumstances of the case, considering the fact that no criminal antecedents have been reported against the petitioners and also considering the fact that they have been in custody from 09.02.2022, I am of the opinion that the petitioners can be released on bail subject to conditions

6. In the result, this bail application is allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(1) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioners shall not attempt to or to influence or intimidate any witness in Crime No.144 of 2022 of Alakode Police Station, Kannur District;

(3) Petitioners shall report before the investigating officer in Crime No.144 of 2022 of Alakode Police Station, Kannur District, every Saturday at 11.00 A.M until further orders;

(4) Petitioners shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) before the Jurisdictional Court;

(5) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.144 of 2022 of Alakode Police Station, Kannur District, may file an application before the Jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE DK