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Arun Raj vs State Of Kerala

High Court Of Kerala · Decided on 30 June 2022 · Citation: (2022) 06 KL CK 0359

HON’BLE JUDGES
Viju Abraham, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 286 · Explosive Substances Act 1883 — Section 4(a)
RESULT
Dismissed
CASE NUMBER
Bail Application No. 4809 Of 2022
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Judgment

12 paragraphs · 355 words

Viju Abraham, J

1.

This is an application for regular bail.

2.

Petitioner is the third accused in Crime No.1675 of 2021 of Maranalloor Police Station, Thiruvananthapuram District alleging commission of offences punishable under Sections 286 of the Indian Penal Code and Section 4(a) of the Explosive Substance Act.

3.

The prosecution allegation is that the accused Nos.1 and 2 has thrown crude bombs (crackers) into the court yard of the defacto complainant in the night on 30.07.2021. It is alleged that the petitioner made the crude bombs and given to the 4th accused. The accused Nos.1 and 2 collected the bombs from the 4th accused and thereby the petitioner committed the aforesaid offences.

4.

Learned counsel for the petitioner submitted that the petitioner was arrested on 06.06.2022 and he is in custody since then.

5.

Learned Public Prosecutor opposed the application for bail mainly contending that petitioner is involved in eight other criminal cases.

6.

Having regard to the facts and circumstances of the case and considering the fact that petitioner is in custody from 06.06.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.1675 of 2021 of Maranalloor Police Station, Thiruvananthapuram District, on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.1675 of 2021 of Maranalloor Police Station, Thiruvananthapuram District.

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1675 of 2021 of Maranalloor Police Station, Thiruvananthapuram District, may file an application before the jurisdictional court, for cancellation of bail.