Bail granted despite serious charges due to completed investigation and imposition of stringent conditions.

ORDER

This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is the 6^th accused in Crime No.59 of 2025 of Thrissur West Police Station, Thrissur, registered alleging the commission of offences punishable under Sections 288 , 110 , 3 24(4) and 329(3) of the Bharatiya Nyaya Sanhita ( BNS ), 2023 and Section 3 of the Explosive Substances Act , 1908.

3. The prosecution case is that the petitioner supplied country made bomb to the Children in Conflict with Law, arraigned as accused Nos.1 to 5 in the crime, with which the above CCL caused explosion in front of the front door of the flat of defacto complainant in between 1.00 am and 1.30 am on 03.01.2025. Due to the aforesaid explosion, the flat belonging to the defacto complainant is said to have suffered damage. It is the further contention of the prosecution that, if the defacto complainant happened to be near the site of the explosion, death might have been caused to him.

4. The petitioner was arrested on 04.01.2025 and remanded to judicial custody. The bail application filed by the petitioner before the learned Sessions Judge, Thrissur, was dismissed by the said court on 03.02.2025. In the present petition, the petitioner would contend that he has been falsely implicated in this case.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

6. The bail application is opposed by the learned Public Prosecutor stating the reason that the petitioner has resorted to criminal exploitation of five children for perpetrating violence upon the defacto complainant. It is also submitted that the matter cannot be considered as a trivial issue since the offences under the Explosive Substances Act are also involved. The learned Public Prosecutor further pointed out that the petitioner has got involvement in six other crimes registered at Thrissur West Police Station.

7. As already stated above, the petitioner has been in custody since 04.01.2025. The investigation in this case is almost over. The recovery of the material objects have been effected by the investigating agency with the custody of the petitioner. It is true that the petitioner is shown to have been involved in six other crimes registered at the Thrissur West Police Station. Since the investigation in this case is virtually over and there is no purpose to be fulfilled by the continued detention of the petitioner in custody, the alleged involvement of the petitioner in six other crimes registered at the Thrissur West Police Station, cannot be taken as a reason to decline regular bail to the petitioner. The apprehension of the prosecution regarding the chances of the petitioner involving in further crimes could be allayed by imposing strict bail conditions.

8. Having regard to the facts and circumstances of the case and the period of detention already undergone by the petitioner in judicial custody, I deem it appropriate to grant regular bail to the petitioner subject to stringent conditions.

In the result, the bail application stands allowed with the following conditions :

i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

ii. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

iii. Petitioner shall not leave India without permission of the jurisdi