Pradeepan K P vs State Of Kerala

A. Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking regular bail and the petitioner is the 1st accused in crime No.173/2023 of Chakkarakkal Police Station, Kannur.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor.

The prosecution case is that, at about 4.30 pm on 12.02.2023, during procession in connection with Iriveri Pulideva Temple an explosion occurred, whereby one person died and three houses nearby the place of occurrence got damaged. It was revealed that, the explosive substances were supplied by the petitioner to the temple committee. The specific allegation is that, the petitioner did not have any license to handle, possess or supply the explosive substances. On this premise, prosecution alleges commission of offences punishable under Sections 3 and 5 of Explosive Substances Act and Section 304 of IPC.

While pursuing the relief of regular bail to the petitioner, the learned counsel for the petitioner submitted that, the petitioner is innocent and he has no connection with the occurrence. According to the learned counsel for the petitioner, the explosive substances entrusted by the temple committee at the premises of the shop of the petitioner got exploded, during the festival. It is also pointed out that, the petitioner is a first time offender and he has been in custody from 23.02.2023.

The learned Public Prosecutor opposed grant of bail on the submission that the allegations in this crime as against the petitioner is well made out, prima facie. It is submitted that, one person died in consequence of the explosion and nearby houses also got damaged. Therefore, the petitioner may not be released on regular bail, at the primitive stage of the investigation.

On perusal of the available materials, the prosecution case is well made out, prima facie. No license or authority placed by the petitioner to justify his possession of the explosive substances. However, facts remain is that, the petitioner is a first time offender and he has been in custody from 23.02.2023. Going through the prosecution records, it appears that the investigation has achieved much progress. Therefore, I am inclined to enlarge the petitioner on bail since further custody of the petitioner, who has no criminal antecedents, for the purpose of investigation, is not necessary.

Therefore, this petition stands allowed. The petitioner is released on regular bail on conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported, or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.