Ashok Kumar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 08.02.2026 for the alleged offences under Sections 3, 5 and 6 of the Explosive Substances Act, 1908 and Section 126(b) of the Bharatiya Nyaya Sanhita, 2023, subsequently altered to Sections 3, 5 and 6 of the Explosive Substances Act, 1908 and Section 105 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.43 of 2026 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that, though he possessed a valid licence for storing explosive substances for running a crackers manufacturing unit, he had stored the explosives at an unauthorised place. During such storage, a fire accident occurred, in which a victim sustained grievous injuries and subsequently died. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is innocent and that he holds a valid licence for storing explosive substances. He would further submit that the petitioner has been in custody since 08.02.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that the accident occurred due to the negligence of the petitioner.

I have given anxious consideration to the submissions made by the learned counsel on either side.

Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner, the nature of the allegations, and the possession of explosive license, and the submissions made by the learned counsel on either side, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the Judicial Magistrate, Pennagaram, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the learned respondent police daily at 10.30 a.m., for the period of two weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.