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2026 Supreme(Online)(Ker) 27002

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
VENKATASAN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 2041 OF 2026 | CRIME NO.220/2026



Advocates:
For the Appellants/Petitioners: SHRI.AASHIQUE AKTHAR HAJJIGOTHI
For the Respondents: SMT.SREEJA V., SR. PP

Bail granted when investigation complete, recovery effected, no further detention needed.

Headnote:The application under Section 483 BNSS seeks regular bail for accused in offences under Sections 4 and 5 of the Explosive Substances Act, 1908. Prosecution alleges unlawful possession of neogel tubes, detonators and fuse wire without licence on 20.2.2026. Court finds no materials connecting applicants to crime and investigation nearly complete. Issue framed on entitlement to bail given lack of evidence and completed recovery. Ratio: Continued detention unnecessary post-recovery and near-complete investigation; applicants entitled to bail on conditions. Application allowed; applicants released on bail with bond and conditions including cooperation, reporting, and non-tampering.

Table of Content
1. accused possessed explosives without licence. (Para 2)
2. bail after investigation completion. (Para 4 , 6)
3. no evidence linking accused to crime. (Para 5)

ORDER

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

2. The applicants are the accused Nos 1 and 3 in Crime No.220/2026 of Perinthalmanna Police Station, Malappuram District. The offences alleged are punishable underSections 4and 5 of theExplosive Substances Act, 1908.

3. The prosecution case, in short, is that on 20.2.2026 at about 9.30 am, the de facto complainant found the applicants in unlawful possession of highly explosive substances, namely, neogel tubes, detonators and fuse wire rolls without any licence or any valid Government authorization, in the rented house of the accused No.3 located in the 11thWard of Perinthalmanna Municipality owned by Paruthikuth Chandran and thereby committed the offences.

4. I have heard Sri. Aashique Akthar Hajjigothi, the learned counsel for the applicants and Smt. Sreeja V., the learned Senior 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 present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

6. The applicant No.1 was remanded to judicial custody on 24.2.2026 and the applicant No.2 was remanded to judicial custody on 22.2.2026. The investigation is almost over. The recovery has been effected. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

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