Ramesan Pillai vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicants are the accused Nos. 1, 3 and 4 in Crime No.455/2023 of Pooyappally Police Station, Kollam District. The offences alleged are punishable under Sections 286 of the Indian Penal Code, 118(e) of Kerala Police Act and Section 9(B)1(b) of Explosives Act and Section 3(a) of Explosive Substances Act r/w Section 34 of the Indian Penal Code.

The prosecution case is that: The accused persons who are the temple committee members of Oyoor Keezhoottu Sreedevi Temple, on 28/03/2023 at 11.30 hours in the paddy field in posession of Keezhottu Sreedevi temple, Oyoor in Velinalloor Village, exploded explosives without obtaining any licence or permit, causing damage to the windows of the house named Lekshmi Villa, bearing no.XV/1046.

I have heard Sri.P.Vijaya Bhanu, the learned counsel for the applicants and Smt.T.V.Neema, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

The applicants were remanded to judicial custody on 30/03/2023. In the original FIR, the offences alleged were bailable in nature. Subsequently, Section 3(a) of Explosive Substances Act was added. In order to attract Section 3(a) of Explosive Substances Act, the alleged act should be unlawful and malicious one. The prosecution case is that the applicants who are the members of the temple committee exploded explosives without obtaining licence. According to the learned counsel, the said act cannot be treated as a malicious one. The investigation is almost over. The applicants have no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.