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Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicant is the accused No.2 in Crime No.970/2026 of Malappuram Police Station, Malappuram District. The offences alleged are punishable under Section 288 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 5 of the Explosive Substances Act, 1908.
The prosecution case, in short, is that on 19.09.2026 at 11.30 a.m., the applicant and the accused No.1 were found conducting quarrying activities in the property near Priyadarshini College road at Melmuri using explosive substances, without any license, with intent to endanger human and animal life and property. Thus, the applicant committed the aforementioned offences.
I have heard Sri.K.M.Sathyanatha Menon, the learned counsel for the applicant and Sri.V.Vinay, the learned Senior Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.
The learned counsel for the applicant relying on Section 4(b) of the Explosive Substances Act, 1908, submitted that the ingredients of those offences are not attracted inasmuch as there is nothing on record to suggest that the quarrying operations have been allegedly done by the applicant with the intent and mens rea to endanger life or to cause injury to the property. I find some force in the argument. This is a matter to be decided in trial. The applicant has no criminal antecedents. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.
In the result, the application is allowed on the following conditions:-
The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant shall not commit any offence of a like nature while on bail.
The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.