Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS TUESDAY ,THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940 AGAINST THE ORDER/JUDGMENT IN CRMC 138/2019 of DISTRICT COURT & SESSIONS COURT,KOZHIKODE DATED 28-01-2019 CRIME NO. 5/2019 OF Peruvannamuzhi Police Station , Kozhikode PETITIONER/ACCUSED: SAJI, AGED 39 YEARS S/O.THEYYON, AREEKKACHALIL METTHAL HOUSE, JANAKI VAYAL, CHANGAROTH (P.O), PIN- 673528, KOZHIKODE DISTRICT. BY ADVS. SRI.SANTHARAM.P SMT.REKHA ARAVIND SRI.PAUL P. ABRAHAM SRI.V.C.SURESH BABU RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN- 682031. OTHER PRESENT: PP AJITH MURALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
The petitioner herein stands arrayed as sole accused in crime no.5/2019 of Peruvannamuzhi police station for offences punishable under Section 5 of the Explosive Substances Act.
2. The allegation of the prosecution is that, on 5.01.2019,
on the basis of a tip-off, the police conducted a search in the house and surroundings of the accused. From the rear side of the house, country bombs were found and the petitioner was apprehended. He is in custody since that date.
3. Opposing the application, the learned Public
Prosecutor pointed out that about 11 cases were registered in the locality, in which, country bombs were used by political outfits. It was stated that there were several issues resulting in law and order problem and involving arms and explosives. Hence, the learned Prosecutor submitted that the petitioner shall not be granted bail at this juncture.
4. According to the learned counsel for the petitioner, though the building is designated as a house, it is only a shed accessible to outsiders also.
5. The petitioner is not seen involved in any other crime.
The source from which the bombs were received, the purpose, for which, it was kept, has not been identified. Though it can be presumed to be one for some nefarious activities, that itself is not sufficient for continued detention. Having considered this, I am inclined to grant bail to the petitioner herein on the following conditions:
(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.
(ii) He shall not get involved in any other crime.
(iii) He shall not threaten, coerce or intimidate the defacto complainant and the witnesses.
(iv) He shall appear before the Investigating officer on all Saturdays between 9.00 a.m. and 10.00 a.m. for a period of two months from the date of execution of the bond.
(v) He shall surrender his passport within 7 days from the date of release or if he is not in possession of the passport, file an affidavit within seven days before the jurisdictional magistrate. Further directions regarding its release can be done by the jurisdictional court. Sd/- SUNIL THOMAS shg JUDGE