O R D E R

Dated this the 02nd day of March, 2021 APPLICATION FOR ANTICIPATORY BAIL The applicants are now the 2nd and 3rd accused in Crime No.414 of 2020 of Vengara Police Station, Malappuram District, for having allegedly committed offences punishable under Sections 286 of the Indian Penal Code (IPC) and Sections 4(b) and 5 of the Explosive Substances Act, 1908. The prosecution case, in brief, is this:

2. On 07.12.2020, the Sub Inspector of Police of Vengara Police Station and his party, while on patrol duty within the limits of their Police Station, got reliable information from a person, who did not want to disclose his identity, about the illegal quarrying operation being conducted in the property of the 1st accused at Kuttur. The police party proceeded towards the said quarry and reached there at about 3 p.m. On seeing the police personnel, two persons fled away from there. The inspection was conducted and the police allegedly recovered electrical detonators, fuse wires and nitrate mixture packets etc; from there. It is alleged that a portion of the explosive substances was in a wet condition, and had been abandoned negligently. The police seized the articles and the above crime was registered. The applicants herein are supposed to be the employees of the original 2nd accused, who has now been transposed as the 1st accused and the original 1st accused has been deleted from the array of accused. The allegation against the applicants is that they are the persons, who had fled away from the quarry when the Police officers reached the scene of occurrence. The applicants state that they do not have any criminal antecedents. They are willing to co-operate with the investigation. And they are not involved in any offence. And, therefore, they may be granted pre-arrest bail.

3. Heard the learned counsel appearing for the applicants and the learned Public Prosecutor.

4. The learned Public Prosecutor submits that the applicants have negligently stored explosive substance in the property taken on lease by him from the 1st accused. The abandoned explosives could have caused loss of life.

5. The learned counsel appearing for the applicants submit that the offence under Sections 4(b) and 5 of the Explosive Substance Act are not attracted to the instant case because ingredients of both the sections demand something more than just keeping the electrical detonator, fuse wires and nitrate mixture packets etc in a quarrying place.

6. After having heard both sides, I find that prima facie, an offence under Section 286 IPC may be attracted in this case because there was no one to control the explosive substance and even a part of which was found negligently abandoned at the quarry site in a wet condition. Therefore, it would squarely come under the purview of Section 286 IPC. The offence under Section 286 IPC is, however, bailable. The offence under Sections 4(b) and 5 of the Explosive Substances Act are grave in nature. To attract the offence under Sections 4(b) any person, who unlawfully and maliciously makes or has in his possession or under his control any explosive substance or special category explosive substance with intent by means thereof to endanger life, or cause serious injury to property, or to enable any other person by means thereof to endanger life or cause serious injury to property in India is required. Section 5 requires the person to make or possess explosive substances under suspicious circumstances. Only then would an offence under Section 5 of the Explosive Substance Act be attracted. The case against the applicants is that they had negligently abandoned a portion of the explosive substance inside the quarry which ought to have been kept in a magazine, it is only a negligent act that may even entail in cancellation of licence. But no offence under Sections 4(b) and 5 of the Explosive Substances Act would be attracted in this case. There is nothing in the F.I.statement or in the police report to the effect that the applicants