AI Structured Summary
Not yet generated for this judgment
Judgment
The applicant is the fifth accused in Crime No.1402/2020 of Irinjalakuda Police Station, Thrissur, for having allegedly committed offences
punishable under Section 399 of the IPC and Section 5 of the Explosives Substances Act.
The prosecution case, in brief, is that on 14.10.2020 at about 4.15 p.m, the applicant along with four others were found engaged in making of
country-bomb in a vacant property at 'Moorkanad bund-road' for the purpose of committing dacoity. On seeing the police party, the applicant and
others fled away from there. However accused Nos.1 to 3 were arrested from the spot and four country- bombs were also seized from them.
The applicant was arrested on 26.10.2020 and remanded to judicial custody. He states that he has no criminal antecedents. He is only 18 years of
age and therefore he may be released on bail since he has been in custody for the last 45 days.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
According to the prosecution version, the applicant is 20 years old, but the applicant has produced his Aadhar card at Annexure-A2 which indicates
that he was only 18 years old at that time.
The learned counsel's argument is that the applicant is hardly out of juvenile and has no criminal antecedents, therefore he may be granted bail.
The learned Public Prosecutor points out that all the other co-accused have criminal antecedents and the applicant was in the process of being
inducted in the gang of dacoits. Apart from four country-bombs, the investigating agency has not been able to collect any other material indicating that
the accused was preparing to commit dacoity. It is alleged that they had given statements. The statements alone will not be sufficient. However, the
investigating officer has further time to unravel the evidence and collect materials regarding the offence under Section 399 IPC.
Considering the fact that the applicant has been in custody for a fairly long time and that he does not have any criminal antecedents, he need not be
detained for any longer.
In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty
thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;
(1) He shall appear before the investigating officer on all Saturdays between 9 a.m and 12 noon for a period of two months or till filing of the final
report whichever is earlier.
(2) He shall not attempt to influence or intimidate the witnesses.
(3) He shall not get involved in similar offences during the currency of the bail.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.