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Rajan thekkethayyil Vs. State of Kerala
LegalCrystal Citation : legalcrystal.com/1016325
Court : Kerala
Decided On : Jul-16-2013
Judge : HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
Appellant : Rajan thekkethayyil
Respondent : State of Kerala
Judgement :
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE
HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 16TH
DAY OF JULY2013/25TH ASHADHA, 1935 Bail Appl..No. 4985 of 2013 ()
--------------------------------------- Bail Appl. 3474/2013 of HIGH COURT OF KERALA
CRMC 924 2013 of SESSIONS COURT,THALASSERY CRIME NO. 10/2013 OF
SREEKANDAPURAM POLICE STATION, KANNUR PETITIONER/ACCUSED(S):
-------------------------------------- RAJAN THEKKETHAYYILAGED 4 YEARS S/O.DANIYEL,
NIDIYENGAAMSOM DESOM P.O. NEDIYENGA TALIPARAMBA TALUK, KANNUR
DISTRICT. BY ADV. SRI.R.SURENDRAN 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 BAILAPPLICATION HAVING COME UP FOR
ADMISSION ON 16-07-2013, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING: sou. S.S.SATHEESACHANDRAN, J ----------------------------------------B.A.No. 4985 of 2013 ----------------------------------- Dated this the 16th day of July, 2013
ORDER Petitioner is the sole accused in crime No.10/2013 of Sreekandapuram
Police Station, registered for offences punishable under Section 5 of the Explosive
Substances Act, 1908. He has filed the above application under Section 439 of the
Code of Criminal Procedure for short "the Code", seeking his release on bail.
2. The crime was registered over detection of 1 Kg. of Ammonium Nitrate, 20
detonators and 10.10 M fuse wire in a quarry by a police party on 04.01.2013.
Petitioner is alleged to be the owner of the quarry, and also operating it with
explosive substances. While investigation of the crime continued petitioner
surrendered before the magistrate on 25.06.2013 and then remanded to judicial
custody. Learned counsel for petitioner submits that the investigating agency got
permission from the Court to have his interrogation while he continued as such.
His further detention is not essential for completing the investigation of crime and
he is prepared to B.A.No. 4985 o
2. abide by any condition and also co-operate with the investigation of the crime, is
the submission of counsel to urge for his release at this stage. Investigation is
continuing and if petitioner is ordered to be released, adequate conditions be
imposed safeguarding smooth completion of investigation, is the submission of
learned Public Prosecutor.
3. Having regard to the submissions made as above and taking note of the period

of detention already suffered by petitioner I find he can be released on bail at this

stage. Petitioner is ordered to be released on bail subject to following conditions:
1. Petitioner shall execute a bond for Rs.15,000/- (Rupees Fifteen Thousand Only)
with two solvent sureties for the like sum, by each of them, to the satisfaction of
the Judicial First Class Magistrate, Thaliparamba.
2. Petitioner shall report before the investigating officer, once in a week, on every
Monday, at a time between 10 a.m and 11 a.m, for a period of four weeks or till
completion of investigation of the B.A.No. 4985 o
3. crime, whichever is earlier.
3. Petitioner shall not commit any similar offence while he continues on bail in the
present crime and if he does so, it is open to magistrate/sessions Judge to cancel
his bail, but, in accordance with law. Sd/- S.S.SATHEESACHANDRAN, JUDGE
//TRUE COPY// P.A TO JUDGE DG
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