Judicial discretion allows bail when prosecution fails to establish the applicant’s connection to alleged offenses, considering the state of investigation and absence of criminal history.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.5 in Crime No.898/2025 of Walayar Police Station, Palakkad District. The offences alleged are punishable under Section 5 of the Explosive Substances Act, 1908 and Sections 9(B)(1)(b) of the Indian Explosives Act, 1884 (Amendment 2013 & 2014).

3. The prosecution case, in short, is that on 15.11.2025 at

14.30 hours, during patrol duty, police found five tipper lorries parked near a quarry in the coconut grove of one Chinnaswamy in Poolampara. Inside the quarry, two tractors and three excavators were operating. On inspecting the adjacent shed, officers recovered 3,503 gelatin sticks, 1,265 detonators, a battery, wire and a plastic sack used for operating them. As these explosive substances were stored illegally without any licence or permit, the accused are alleged to have knowingly kept them in their possession for use in the quarry and thereby committed the offences.

4. I have heard Sri. Sanoj M.A, the learned counsel for the applicant and Sri. K.A. Noushad, 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 present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

17.02.2026. The investigation is almost over. The accused Nos. 2 and 3 who are the owners of the establishment have already been granted bail by this Court. The applicant does not have any criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose.

Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail on executing a bond for ₹1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation. (iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

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

(v) The applicant 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 applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the 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 AP PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF FIRST INFORMATION REPORT CRIME NO. 898/2025 DATED 16.11.2025.

Annexure 2 THE TRUE COPY OF REMAND REPORT IN CRIME 898/2025 REGISERED BY WALAYAR POLICE STATION DATED