Sajeer. P vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The applicant is the accused No.7 in Crime No.545/2022 of Kannapuram Police Station. The offences alleged are punishable under Sections 143, 147, 148, 153 read with 149 of the IPC and Sections 4 and 5 of the Explosive Substances Act.

The prosecution case, in short, is that the accused Nos. 1 to 5 along with the accused Nos. 6 to 9 committed criminal conspiracy and in pursuance of the said conspiracy the accused Nos. 1 to 5 formed themselves into unlawful assembly in two vehicles armed with explosives on 23.9.2022 at 10.45 am near the Polytechnic Kallyasseri and they tried to commit rioting and planned to attack the public and destroy the public vehicle by exploding petrol bomb under the guise of the Hartal.

I have heard Sri. M. Anuroop, the learned counsel for the applicant and Smt. S. Rekha, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

The law regarding the grant or refusal of pre-arrest bail is well settled. Pre-arrest bail cannot be granted as a matter of course. The power under Section 438 of Cr.P.C could be exercised only when a special case is made out, that too, recording reasons thereof. Perusal of the case diary reveals that the accusation made against the applicant is very serious in nature and it prima facie shows a premeditated criminal act on his part. A reading of the FIS would show that the police party apprehended the accused Nos. 2 and 3 at the spot and seized the scooter driven by them. Explosive substances were found in the said scooter and they were also seized. The investigation shows that the said scooter belongs to the applicant. When the police party questioned the accused Nos. 2 and 3, they stated that they came to the spot with explosive substances at the instruction of the applicant. The applicant has been named in the FIS also. Accused Nos. 7 to 12 are yet to be arrested.

The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the investigation cannot be ruled out if he is released on bail. Considering the gravity of the offence and stage of the investigation, it is not a fit case where extra ordinary jurisdiction vested with this Court under Section 438 of Cr.P.C. could be invoked. The bail application is, accordingly, dismissed.