Custodial interrogation is deemed necessary in cases involving serious allegations related to explosives, impacting the decision on pre-arrest bail.

ORDER

The petitioner herein, who is the sole accused, seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No. 351 of 2016 of the Kondotty Police Station, registered under Section 4 of the Explosive Substances Act .

2. The prosecution case is that at about 11.30 a.m. on 13.4.2016, the petitioner herein was found possessing a huge quantity of 500 detonators at a rented quarters at Pulickal. The quantity of explosive substances was seized by the Police as per mahazar.

3. This application for pre-arrest bail is opposed by the learned Public Prosecutor on the ground that the custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that if the accused is now released, he will definitely obstruct the proper and effective investigation.

4. On hearing both sides, and on a perusal of the materials including the case diary, I find that the petitioner will have to surrender before the Investigating Officer for necessary interrogation. It is submitted that the petitioner is not a licensee under the Explosives Act. It is submitted by the learned counsel that the given allegations will come only under Explosives Act, and not under the Explosive Substances Act . What is punishable under the Explosives Act is possession or use of explosives without licence, or in excess of the quantity permitted under the licence. What is punishable under the is use or possession of explosives for some unlawful object. Here, the whole materials will have to be examined to see whether this is in fact a case under the Explosives Act or . Let those factual aspects be gone into by the learned Magistrate having jurisdiction when application for regular bail comes. The police report shows that the quantity of explosive substances possessed by the petitioner was possessed by him for illicit quarrying purposes.

In the result, this application for bail is disposed of as follows:

a) The petitioner will surrender before the investigating officer between 9 a.m. and 10.00 a.m. on any day within seven days from this date for interrogation for the collection of some materials concerning the source from where he obtained the huge quantity of explosive substances.

b) After necessary interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction by 4 pm.

on the date of arrest itself.

c) In case the application for regular bail is filed by the petitioner, the same shall be judiciously considered and decided by the learned Magistrate on the same day.