Sali M.S vs State Of Kerala
2021 Latest Caselaw 12943 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
     TUESDAY, THE 15TH DAY OF JUNE 2021 / 25TH JYAISHTA, 1943
                       BAIL APPL. NO. 4572 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CRMC 22/2021 OF DISTRICT COURT &
   SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA, WAYANAD
                Crime No.237/2021 of Kalpetta Police Station

PETITIONER/S:

          SALI M.S.
          AGED 47 YEARS
          S/O SUKUMARAN, MADAMTHOTTU HOUSE, PATHIRIPPALAM,
          KOLAGAPPARA POST, KRISHNAGIRI VILLAGE, S.BATHERY TALUK.

          BY ADVS.
          CELINE JOSEPH
          MANEESHA JOY



RESPONDENT/S:

          STATE OF KERALA
          STATION HOUSE OFFICER, KALPETTA POLICE STATION,
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM-682031.


OTHER PRESENT:

          SMT.V.SREEJA-PP



THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4572 OF 2021
                                     -2-




                                 ORDER

BA No.4572 of 2021

------------------------------------- Dated this the 15th day of June, 2021

This is an application seeking anticipatory bail filed under Section 438

Cr.PC.

2. The applicant is the second accused in Crime No.237/2021 of

Kalpetta Police Station for having allegedly committed offences punishable

under Section 9(1)(b) of the Explosives Act and Section 5(a) of the

Explosives Substances Act.

3. The prosecution case, in brief, is that on 7.5.2021 at about 7.30

p.m. at Vengapally amsom at Kodancherikunnu from a shed belonging to one

Kader wherein the labourers were residing, the police seized 140 electric

detonators and 342 gelatin sticks and thus the crime was registered and the

first accused was arrested. He was a labourer in that site. He submitted that

it was the applicant who was the person running that farm and therefore he

too was implicated as an accused. The applicant states that he is innocent

and the allegations are not true. The applicant states that as per Annexure-

A1 he was running a farm in the property, which belongs to one Muhammed BAIL APPL. NO. 4572 OF 2021

Haris and that the allegations against him are absolutely false. Nothing has

been recovered from him. He has been implicated solely on the basis of the

purported confession statement given by the first accused.

4. Heard the learned counsel appearing for the applicant and the

learned Public Prosecutor.

5. The applicant has no criminal antecedents. He is willing to

cooperate with the investigation. There was nothing recovered from his

personal possession. But the property from where the contraband was

seized, was admittedly taken on lease by him from the owner of the property

and therefore, he is answerable as to how the contraband reached there.

The applicant is willing to cooperate with the investigation. Therefore, I find

no reason for custodial interrogation of the applicant.

The bail application is allowed and the applicant is directed to surrender

before the investigating officer within two weeks. In the event of his being

arrested, after interrogation, he shall be released on bail on the execution of a

bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties

each for the like amount to the satisfaction of the investigating officer, and on

the following further conditions:

(i) He shall appear before the investigating officer as and when BAIL APPL. NO. 4572 OF 2021

called for and co-operate with the investigation.

(ii) He shall not tamper with evidence or intimidate or influence the

witnesses.

(iii) He shall not get involved in any similar offence during the

currency of the bail.

In case of breach of any of the above bail conditions, the prosecution is at

liberty to approach the jurisdictional court for cancellation of the bail.

Sd/-

ASHOK MENON JUDGE jg BAIL APPL. NO. 4572 OF 2021

APPENDIX OF BAIL APPL. 4572/2021

PETITIONER ANNEXURE

ANNEXURE-A1 TRUE COPY OF THE AGREEMENT DATED 04.09.2020 BETWEEN THE PETITIONER AND ONE HARIS.

ANNEXURE-A2 TRUE COPY OF THE ORDER DATED 24.05.2021 IN CRL MC.8/2021 OF THE SESSIONS COURT, KALPETTA.

ANNEXURE-A3 TRUE COPY OF THE ORDER DATED 26.05.2021 IN CRL.M.C.22/2021 OF THE SESSIONS COURT, KALPETTA.