Kerala High Court
Xavier Aged 46 Years vs State Of Kerala on 12 February, 2014
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2014/23RD MAGHA, 1935
Bail Appl..No. 976 of 2014 ()
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CRIME NO. 815/2013 OF POTHANIKADU POLICE STATION , ERNAKULAM
PETITIONER:
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XAVIER AGED 46 YEARS
S/O.VARGHESE, MALEKUDIYIL HOUSE, VENGOOR WEST VILLAGE
ELAMBAGAPPILLY P.O., KUNNATHUNADU TALUK, PIN-686673.
BY ADV. SRI.A.P.SUBHASH
RESPONDENT:
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR: ADV SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-02-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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B.A.No.976 of 2014
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Dated this the 12th day of February, 2014
O R D E R
Petitioner is the second accused in Crime No.815 of 2013 of the Pothanikkadu Police Station for the offences punishable under Secs.9B (2)(i) of the Explosive Act, 1884, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 20.11.2013 at about 5.30p.m, the police seized 45 kg of Ammonium Nitrate and other articles from a quarry run by the first accused.
3. I have heard the learned counsel for the petitioner also.
4. It is seen that the first accused filed Crl.M.C.No.228 of 2013 in the Sessions Court, Ernakulam. Learned Sessions Judge observed from the materials on record that this is a case of possession of excess quantity of explosives than permitted by the licence and directed the first accused to surrender before the investigating officer leaving it open to the first accused to request for bail before the learned magistrate.
5. Having heard both sides, I do not find reason why the same relief should not be extended to the petitioner also who is said to be an employee of the first accused.
B.A.No.976 of 2014 2
Resultantly this application is disposed of as under:
(i) Petitioner shall surrender before the officer investigating Crime No.815 of 2013 of the Pothanikkadu Police Station on 18.02.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production, it is open to the petitioner to request for bail with intimation given to the Assistant Public Prosecutor concerned atleast three working days in advance.
(v) In case custody of the petitioner is required for any purpose, it is open to the Investigating Officer to move application before the learned magistrate.
(vi) Learned magistrate shall consider the application(s) as provided under law having regard to the relevant circumstances including whether the first accused was released on bail by the learned magistrate and pass appropriate orders as early as possible.
Sd/-
THOMAS P.JOSEPH, JUDGE.
Sbna True Copy P A to Judge