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Judgment
21 paragraphs · 392 wordsThe applicants are accused Nos. 1 and 3 in Crime No.421 of 2019 of Mattannur Police Station, Kannur, for having allegedly committed offences
punishable under Sections 3 and 5 of the Explosive Substances Act, 1908. The prosecution case, in brief, is this:
On 23.05.2019, at about 5.20 PM, the applicants along with one other identifiable person came on a motorcycle and allegedly hurled a bomb at the
booth committee office of Indian National Congress at Kayani, Mattannur and thereby caused damage to the tune of Rs.9,000/- to the party office.
The applicants were arrested only on 05.02.2021 and remanded to judicial custody. They continue in custody. The applicants state that the alleged
perpetrators of the crime were identified by the witnesses. But, still they were not arrested for about 2 years. The custodial interrogation of the
applicants is over. There is nothing to be recovered from them. They are co-operating with the investigation and they also have permanent place of
abode. And, therefore, there is no necessity for further detention of the applicants. They seek bail.
Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. The learned Public Prosecutor points out that the 1st
applicant has criminal antecedents and that he is involved in another crime for offence punishable under Section 308 of the IPC. However, it is
admitted that the custodial interrogation of the applicants is over. There is nothing to be recovered from them. Hence, further detention has no
purpose.
In the result, the application is allowed and the applicants are directed to be released on bail on the execution of bonds for Rs.50,000/-(Rupees Fifty
thousand only), each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further
conditions:
(i) They shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of two months or till filing of the
final report whichever is earlier.
(ii) They shall not intimidate or influence witnesses and tamper with evidence.
(iii) They shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.