Abdu vs The State Of Kerala
2021 Latest Caselaw 13240 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE K.HARIPAL
        THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                       BAIL APPL. NO. 4753 OF 2021
     CRIME NO.474/2020 OF Kolathur Police Station, Malappuram
  AGAINST THE ORDER/JUDGMENT IN CRMC 347/2021 OF DISTRICT COURT&
                    SESSIONS COURT,MANJERI, MALAPPURAM
PETITIONER/ACCUSED NO.2:

            ABDU
            AGED 45 YEARS, S/O.MOOSAKUTTY,
            POTTIPPARA HOUSE, KUNDARAKLPADI,
            CHEMALSSERI POST, PULAMANTHOLE,
            MALAPPURAM DISTRICT.

            BY ADV K.RAKESH



RESPONDENTS/STATE & COMPLAINANT:

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

    2       THE STATION HOUSE OFFICER
            KOLATHUR POLICE STATION,
            MALAPPURAM DISTRICT, PIN - 679 338.

            BY ADV.SANTHOSH PETER, SR.PUBLIC PROSECUTOR


    THIS    BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4753 OF 2021
                              -2-



                         ORDER

Petitioner, who is the second accused in Crime No.474 of

2020 of the Kolathur Police Station in Malappuram District

has approached this Court under Section 438 of the Cr.P.C.

seeking his anticipatory bail. The said crime has been

registered alleging offence punishable under Sections 9B(1)

(b) of the Explosives Act, 1884 and Section 3(a) and 5(i) of

the Explosive Substances Act.

2. The learned counsel for the petitioner submits that

the first accused, who is the owner of a quarry has already

been granted anticipatory bail by this Court by virtue of

Annexure A order that the petitioner, the second accused is

only a worker under the first accused.

3. Heard the learned Public Prosecutor also. He has

no objection in granting an order on the lines of the order

dated 16.03.2021 in Bail Application No.1773/2021 . BAIL APPL. NO. 4753 OF 2021

In the nature of the allegations and having regard to

the facts that the prime accused is already granted bail, the

petitioner can also be released on bail.

Therefore, the petitioner shall if appears before the

Investigating Officer within seven days from today and makes

himself available for interrogation, in the event of arrest, shall

be released on bail on his executing bond for Rs.50,000/-

(Rupees Fifty Thousand Only) with two solvent sureties each

for the like sum to the satisfaction of the Investigating

Officer; he shall co-operate with the investigation, shall not

try to contact or influence the witnesses or tamper with the

evidence; shall appear before the Investigating Officer/Court

as and when required and shall not involve in any crime

during the period on bail.

This bail application is allowed as above.

Sd/-

K.HARIPAL JUDGE nkr/24.06.2021