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2024 Supreme(Online)(KER) 28097

HIGH COURT OF KERALA
C.S. DIAS, J
MATHEW M.M, – Appellant
Versus
STATE OF KERALA, – Respondent


ORDER

The application is filed under Sec.438 of the Code of Criminal Procedure, 1973 (‘Code’ for short) for an order of prearrest bail.

2. The petitioner is the fifth accused in crime No.254/2024 of the Nedumkandam Police Station, Idukki, registered against the accused ( five in number), for allegedly committing the offences punishable under Secs. 286, 308 and 304 read with Sec.34 of the Indian Penal Code ( for short, IPC ) and Secs. 5 and 3 of the Explosive Substances Act .

3. The gravamen of the prosecution allegation is that: on 9.3.2024, at around 18.30 hours, the accused, in furtherance of their common intention, without any licence or permission from the statutory authorities and knowing fully well that the use of explosive substances could lead to death, the first and second accused, on the instructions of the third accused, used explosive substances to dig a bore well in the property belonging to Continental Estate at Kamakshi Vilasam, which is owned by the 5th accused. But the explosives got detonated, and the first and second accused got seriously injured in the blast. They were initially treated at the Nedumkandam Medical Trust Hospital and were later shifted to the P

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