High CourtsSingle Bench

Chilambarasan. G vs State Of Kerala

High Court Of Kerala · Decided on 7 April 2021 · Citation: (2021) 04 KL CK 0029

HON’BLE JUDGES
Bechu Kurian Thomas, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 286 · Explosives Substance Act, 1883 — Section 5 · Indian Railway Act, 1989 — Section 164
CASE NUMBER
Bail Application No. 2654 Of 2021
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Judgment

11 paragraphs · 322 words
1.

Petitioner is the second accused in Crime No.06/2021 of Kozhikode Railway Police Station, charged for the offences under Sections 286 read with Section 34 of the Indian Penal Code as well as Section 5 of the Explosives Substance Act and Section 164 of the Indian Railway Act, 1989.

2.

The prosecution case is that one Ramani who was travelling in Chennai - Mangalore Train was found in possession of 117 gelatin sticks and 350 electric detonators in a big shopper bag, carried without any licence or permission and that, in her confession, she said that she had purchased the same from the petitioner.

3.

Petitioner had been in custody from 01.03.2021. The Public Prosecutor has opposed the application and it is submitted that the petitioner has no criminal antecedents.

4.

Having regard to the circumstances arising in the case and considering that the petitioner has been in custody from 01.03.2021, I am inclined to grant bail to the petitioner but subject to conditions:

5.

Petitioner is granted bail in Crime No.06/2021 of Kozhikode Railway Police Station and he shall be released (if not required to be detained otherwise) on his executing bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate and subject to the following conditions:

(a) One of the sureties shall be a close relative of the petitioner.

(b) Petitioner shall report to the investigating officer once in a month until filing of the final report.

(c) Petitioner shall report to the investigating officer as and when required for interrogation.

(d) Petitioner shall not get involved in any offence during the period of this bail.

(e) Petitioner shall not intimidate or influence the witnesses.

(f) In case any of the condition nos.(b) to (e) are violated, it is open to the investigating officer to file application before the learned Magistrate for cancellation of the bail granted hereby.