The court evaluates the necessity of custodial interrogation in light of allegations under varying statutes, granting bail due to lack of evidence and previous criminal record.

O R D E R

Dated this the 27^th day of January, 2026 This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicant is the accused in Crime No.989/2025 of Palode Police Station, Thiruvananthapuram District. The offences alleged are punishable under Section 288 of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Explosive Substances Act, 1908 .

3. The prosecution case, in short, is that the applicant, who was holding a firecracker manufacturing license, unauthorizedly, carelessly, and without taking any adequate safety arrangements, stored explosives in the temporary shed, situated at Perayam. While so, on 11.11.2025 at about 9.45 am, the explosive substances got exploded, and the workers in the shed were severely injured in the incident. Thus, the applicant committed the aforesaid offences.

4. I have heard Sri. Nandagopal S.Kurup, the learned counsel for the applicant and Smt. Sreeja.V, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. Section 4 of the Explosive Substances Act, 1908 deals with punishment for attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property. Section 288 of BNS deals with negligent conduct with respect to explosive substance. To attract Section 4 of the Explosive Substances Act, intentional act is necessary and to attract Section 288 of the BNS, negligent conduct alone is sufficient. The allegation against the applicant is that the explosives and fire crackers were handled carelessly in a manner causing danger to human life without adequate safety arrangements. The applicant has no criminal antecedents. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-

arrest bail to the applicant.

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

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.