The court established that pre-arrest bail may be granted where there is insufficient evidence connecting the applicants to serious charges, alongside their cooperation with the investigation.

ORDER

This application is filed underSection 482of theBharatiya Nagarik Suraksha Sanhita, 2023(for short, BNSS ), seeking pre- arrest bail.

2. The applicants are the accused Nos.5 and 6 in Crime No.312/2025 of Erattupettah Police Station, Kottayam District. The offences alleged are punishable under Section 288 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 5 of the Explosive Substances Act, 1908 .

3. The prosecution case, in short, is that in furtherance of their common intention to illegally possess explosive substances like detonators, fuses, etc., the accused persons stocked 18,999 detonators, 2,604 gelatin sticks, 3,350 safety fuses, and one air gun in the shop rooms, and thereby committed the offences alleged.

4. I have heard Sri.John Sebastian Ralph V., the learned counsel for the applicants and Sri.M.C. Ashi, the learned Public Prosecutor. Perused the case diary.

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

6. The accused No.1 was found in possession of explosives in the shop owned by the accused No.2 without any valid license. It is alleged that accused Nos.4 to 6 supplied explosives to the accused Nos.1 and 2. No explosives were seized from the possession of the applicant. The only allegation against the applicant is that the explosives were supplied by them to accused Nos. 1 and 2. Accused Nos. 1 to 4 are already on bail. The investigation is almost over. The recovery has been effected. The applicant has no criminal antecedents. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicants.

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

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

(ii) The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE

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