Kunhayammu V.K vs State Of Kerala

Mohammed Nias C.P, J.

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the 1st accused in Crime No.1506 of 2023 of Perinthalmanna Police Station, Malappuram District, for having committed offences punishable under Sections 4 and 5 of the Explosive Substances Act.

The prosecution case is that, on 21.10.2023 at 14:15 hours, accused No.6 was found in possession of explosive substances for quarrying operation in the property owned by the 1st accused and it is alleged that accused Nos.3 to 6, at the instance of the 2nd accused, without any valid licence or permit tried to break the rock with the alleged contrabands and thereby alleged to have committed offences punishable under Sections 4 and 5 of the Explosive Substances Act.

The only allegation against the petitioner is that he is the owner of the land, which, according to him, was leased out to the 2nd accused and that the illegal quarrying is carried out by the other accused. Learned counsel for the petitioner points out that accused No.6, who carried out the quarrying operations, was granted bail by the Sessions Court, Manjeri, by order dated 7th November 2023.

The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

Taking into account the fact that the accusation against the petitioner is only on account of him being the owner of the property, where the illegal quarrying operations were allegedly conducted by other accused and also the fact that he has been detained since 21.10.2023 and no antecedents reported against the petitioner and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

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

(ii) The petitioner shall report before the Investigating Officer as and when directed.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

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

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.