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2024 Supreme(Online)(KER) 13455

HIGH COURT OF KERALA
C.S. DIAS, J
ABDUL SALAM.K – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (‘Code’, for short), for an order of pre-arrest bail.

2. The petitioners are the accused 1 and 2 in Crime No. 613/2024 of the Vadakara Police Station, Kozhikode, registered against them, for allegedly committing the offences punishable under Section 286 of the Indian Penal Code, 1860 and Section 9 of the Explosives Act, 1884 .

3.The learned counsel appearing for the petitioners has submitted that during the pendency of the bail application, 1st petitioner was arrested. Therefore, his application has become infructuous. Hence, he was confining the bail application to the 2 nd petitioner/2 nd accused alone.

4.The crux of the prosecution case is that; on

04.06.2024, at around 21.30 hours, the accused went on a motorcycle and hurled explosives substances in the courtyard of the defacto complainant and caused an explosion. Thus, the accused have committed the above offences.

5. Heard; Sri.P.S.Binu, the learned counsel appearing for the petitioners and Smt.Seetha.S, the learned Public Prosecutor.

6.The learned counsel appearing for the petitioners submitted that the petitioners are totally innocent of t

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