Murukesan Raji vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 4th accused in Crime No.729 of 2020 of Walayar Police Station, Palakkad District registered alleging commission of offence punishable under Section 286 of IPC and Sections 4 and 5 of the Explosive Substances Act.

The prosecution case is that, on 15.11.2020 at 4 hours at Pampampalam Toll Plaza, while conducting special patrolling duty in connection with election, accused Nos. 1 and 2 were found illegally transporting gelatin sticks in 35 boxes and fuse wire connected Detonators in five boxes in a goods carriage vehicle bearing registration number TN-29/BV-9996 from Tamil Nadu to Kerala without valid license or pass and thus the accused committed the above said offences.

Petitioner submits that he is totally innocent of the charges levelled against him and he was arrayed as an accused only subsequently on the confession statement of the other accused that he is a person who has arranged a vehicle for transportation of the explosive articles.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Learned Public Prosecutor seriously opposed the application for bail, mainly contending that large quantity of explosive substances is involved in the above said case and the petitioner is a person who belonging from the State of Tamil Nadu, and that if he released on bail his presence cannot be secured at the time of trial. The learned counsel for the petitioner would submit that the petitioner is ready and willing to furnish local sureties.

Considering the facts and circumstances of the case and the nature of the allegations, and that the petitioner is in custody from 09.09.2022 onwards, I am inclined to grant bail to the petitioner, but on 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 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, the sureties shall natives of State of Kerala;

(ii) Petitioner shall appear before the investigating officer in Crime No.729 of 2020 of Walayar Police Station 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 any witness in the above said crime;

(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.729 of 2020 of Walayar Police Station may file an application before the jurisdictional court, for cancellation of bail.