NAVAS C v. STATE OF KERALA and The Station House Officer, Vengara Police Station

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` TUESDAY, THE 16[TH] DAY OF APRIL 2024 / 27TH CHAITHRA, 1946 BAIL APPL. NO. 2818 OF 2024 ``` ``` CRIME NO.309/2024 OF Vengara Police Station, Malappuram PETITIONER/ACCUSED: ``` ``` NAVAS C AGED 37 YEARS S/O.MOIDEENKUTTY, CHEERANGOTH HOUSE, KODAMPUZHA, RAMANATTUKARA, KOZHIKKODE DISTRICT, PIN - 673632 ``` ``` BY ADV BABU S. NAIR ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031`** - **`2 THE STATION HOUSE OFFICER VENGARA POLICE STATION, MALAPPURAM DISTRICT, PIN – 676304`** ``` BY SRI.PRASHANTH M.P, PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ``` ``` 16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A. No.2818 of 2024 2 ## **`P.V.KUNHIKRISHNAN, J.`** ``` ------------------------------------------- B.A.No.2818 of 2024 ------------------------------------------- Dated this the 16[th] day of of April, 2024 ``` ## **`O R D E R`** ``` Petitioner is one of the accused in Crime No.309/2024 of Vengara Police Station. The above case is registered alleging offences punishable under Section 286 of the Indian Penal Code and Section 4(b) read with Section 5 of the Explosives Substances Act, 1908 [for brevity, ‘the Act’]. ``` ``` 2. The prosecution case is that on 29.03.2024 the 2[nd] respondent and party were on a patrol duty and they received an information that in a place called Erumappara in Oorakkam Grama Panchayat an unauthorised granite quarry is functioning and when the police party reached there, some people, who were engaged in the work, were ran away. An autorickshaw driver had given a statement to the ``` B.A. No.2818 of 2024 3 ``` police, stating that the petitioner is conducting the quarry. Hence it is alleged that the accused committed the offence. ``` ``` 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. ``` ``` 4. The learned counsel for the petitioner submits that the offence under Section 286 IPC is bailable. According to the petitioner, to attract the offence under Section 2(a) of the Act, articles seized must be a material for making any explosive substance. It is also submitted that in order to attract special category of explosives substance, the same shall be the substances mentioned in Section 2(b) of the Act. It is submitted that there is no such materials have been seized in the present case. According to the petitioner, at the maximum, the offence under Section 9B of the Explosives Act, 1884 may attract ``` B.A. No.2818 of 2024 4 ``` and which is a bailable one. It is also submitted that in similar circumstances, this Court granted bail to another accused in another crime as evident by Annexure B order. ``` ``` 5. The learned Public Prosecutor seriously opposed the bail application and submits that serious allegations are there against the petitioner and custodial interrogation of the petitioner is necessary. ``` ``` 6. After hearing the learned counsel for the petitioner and considering the contentions raised by the petitioner, I think a prima facie case is made out by the petitioner. Any way, these are matters to be investigated by the Investigating Officer. ``` ``` 7. After hearing both sides, I am of the considered opinion that this bail application can be allowed with stringent conditions. ``` B.A. No.2818 of 2024 5 ``` 8. Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing fair trial. ``` ``` 7. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions: ``` ``` i. Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation; ``` ``` ii. After interrogation, if the Investigating ``` B.A. No.2818 of 2024 6 ``` Officer proposes to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer concerned; ``` ``` iii. Petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate 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 her from disclosing such facts to the Court or to any police officer; ``` ``` iv. Petitioner shall not leave India without permission of the jurisdictional Court; ``` ``` v. Petitioner shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are ``` B.A. No.2818 of 2024 7 ``` suspected; ``` ``` vi. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. ``` ``` vii. Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any given by the petitioner even while the petitioner is on bail as laid down by the Hon’ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and Another [2020 (1) KHC 663]. ``` ## **`Sd/-`** ``` P.V.KUNHIKRISHNAN JUDGE ``` ``` sp/16/04/2024 ``` B.A. No.2818 of 2024 8 ## **`APPENDIX OF BAIL APPL. 2818/2024`** ``` PETITIONER ANNEXURES ``` ``` Annexure AA TRUE COPY OF THE F.I.R. IN CRIME NO.309/2024 OF THE VENGARA POLICE STATION DATED, 29-3-2024 ``` ``` Annexure B ``` ``` A TRUE COPY OF THE ORDER IN B.A.NO.896/2024 OF THIS HON'BLE COURT DATED, 15-3-2024 ```