Sulfi vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 3rd accused in Crime No.449 of 2022 of Thumba Police Station registered alleging commission of offence punishable under Section 34 of IPC and Section 5 of Explosive Substance Act, 1908.

The prosecution case is that on 27.04.2022 at 7.30 p.m, the accused persons were found at eastern side of Attinkuzhy Railway Line, Stationkadavu, in possession of explosive substance for illegal activity, without any license or authorization U/s.34 IPC and Section 5 of Explosive Substance Act 1908.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The petitioner was arrested on 28.04.2022 and since then he is in custody. He submits that he is falsely implicated the above crime.

The learned Public Prosecutor strongly opposed the application for bail.

Having regard to the facts and circumstances of the case, and considering the nature of the allegations, and that he is in custody from 28.4.2022 and that he has no other antecedents, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.449 of 2022, Thumba Police Station, on every Monday and Thursday at 11 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 449 of 2022, Thumba Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

(v) If any of the aforesaid conditions are violated, the investigating officer in Crime No. 449 of 2022, Thumba Police Station may file an application before the jurisdictional court, for cancellation of bail.