The court granted bail to the accused, determining that continued detention was unnecessary despite serious allegations, emphasizing the importance of custody duration.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.286 of 2025 of Vengara Police Station, Malappuram, registered for the offences punishable under Section 288 of the Bharatiya Nyaya Sanhita , 2023 apart from Sections 4(b) and 5 of the Explosive Substance Act , 1908

3. According to the prosecution, on 27.04.2025, at about 09.30 am, the accused had used an explosive substance for conducting a quarry without any licence and thereby committed the offence alleged.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. Sri. K. S. Arun Kumar, the learned counsel for the petitioner, submitted that the petitioner has been in custody since 28.04.2025 and continued detention is not necessary.

6. Smt. Sreeja V., the learned Public Prosecutor opposed the bail application and submitted that the allegations are serious.

7. Though prima facie there are materials on record to connect the petitioner with the crime, since he has been in custody from 28.04.2025 onwards, I am of the view that the continued detention is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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 court having jurisdiction.

(b) Petitioner shall appear before the Investigating OfÏcer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.