Muhammed Musthafa 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 2nd accused in Crime No.1506/2023 of Perinthalmanna Police Station, Malappuram District, for having allegedly committed offences punishable under Sections 4 & 5 of the Explosives Act.

The prosecution case is that, on 21.10.2023 at 2.15 pm, in the property owned by the 1st accused, accused Nos. 3 to 6, up on knowledge and direction of the 2nd accused/petitioner, was found doing an illegal quarrying activity using explosive substance at a place called Chorandi without the necessary permission or license and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 11/11/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and pointed out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the allegation against the petitioner that in the property owned by the 1st accused, accused Nos.2 and 6 were carrying on the illegal quarrying activity, the fact that the petitioner has been in custody since 11/11/2023 for an incident that allegedly took place on 21/10/2023, no other criminal 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 or leave India without the prior permission of the Court concerned.

(v) The petitioner shall not indulge in any illegal quarrying in the property in question without the appropriate permissions from the authorities concerned.

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