Bail granted for unlicensed explosive possession sans unlawful intent after substantial investigation.

ORDER

This application seeking regular bail has been filed by the sole accused in Crime No. 899/2024 of Kongad Police Station, registered alleging the commission of the offences punishable under Section 288 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Section 5 of the Explosive Substances Act.

2. The prosecution case is that on 09.12.2024 at 3.15 p.m., in front of Kongad Police Station, the accused was found possessing and transporting 7600 gelatin sticks in a lorry bearing registration No.TN-56-6456 without any valid license or permit. Thus, the accused is alleged to have committed the aforesaid offences.

3. Heard Sri. V. A. Johnson, the learned counsel appearing for the petitioner, and Sri. G. Sudheer, the learned Public Prosecutor, also perused the records.

4. The learned counsel for the petitioner contended that the petitioner is innocent of the allegations levelled against him. It is submitted that the petitioner has no connection whatsoever with the explosive substances allegedly seized in this case. It is further contended that even if the prosecution's allegations are accepted in toto, there is nothing to indicate that the petitioner had any criminal intention and the explosives were meant for any unlawful objects.

5. The learned Public Prosecutor opposed the application, highlighting the serious nature of the allegations.

6. The allegation that the petitioner was found transporting explosive substances in a lorry without any license or authorisation in violation of the provisions of the Explosive Substances Act cannot be taken lightly. I do agree that, in the investigation so far conducted, nothing was found to show that the said explosive substances were meant for any unlawful object. However, the same cannot justify the unlawful possession of explosive substances without authorisation.

7. Anyhow, it is evident from the records that the petitioner was arrested on 04.04.2026 and has been in judicial custody since then. The investigation in this case appears to have progressed substantially and is now at the verge of completion. As the investigation has crossed its crucial and major part, further incarceration of the petitioner at this stage will not serve any purpose.

Hence, having regard to the period of detention already undergone and the present stage of the investigation, I am inclined to grant bail to the petitioner subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties, each for the like sum, to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall appear before the Investigating Officer on every Monday between 10:00 a.m. and 11:00 a.m. for a period of three months or until the filing of the final report, whichever is earlier.

(iii) The petitioner shall cooperate with the investigation and shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to any police officer.

(iv) The petitioner shall not commit any offence while on bail.

If the petitioner violates any of the above conditions, the Investigating Officer shall be at liberty to file an application for cancellation of bail before the jurisdictional Court, and upon such application being filed, the jurisdictional Court shall pass appropriate orders in accordance with law, notwithstanding that this order has been passed by this Court.