Shaiju N vs State Of Kerala

Apprehending arrest in Crime No. 71 of 2021 of Edvanna Police Station, the petitioner has moved this Court under Section 438 of the Cr.P.C. The

petitioner says that, pursuant to the registration of the crime under Section 5 of the Explosive Substances Act, 1908, after seizing some explosive

substances from an unlicensed quarry, now the police is after him. According to him, what he had done was that he leased out his excavator and a

tractor for the running of the said quarry by the 1st accused. When the police had refused to release the vehicles, he moved Crl.M.C. No. 2792 of

2021 before this Court and got a favourable order. Now, after obtaining such an order, he has been arrayed as the 4th accused and that he has no role

in the running of the said unlicensed quarry.

The learned Public Prosecutor has submitted that, detonator and other explosive substances were recovered from the said premises of the quarry

and there is specific allegation against the petitioner that, his vehicles were used for transporting such items. Whatever it may be, in the nature of the

allegations, it does not seem that custodial interrogation of the petitioner is warranted in the case.

Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available

for interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand rupees only) with two

solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact

or influence the witnesses or tamper with evidence and shall not involve in any crime during the period on bail.

Bail Application is allowed in part as above.