Kerala High Court
Vineeth vs State Of Kerala on 10 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF AUGUST 2022/19TH SRAVANA, 1944
BAIL APPL. NO. 5867 OF 2022
CRIME NO.617/2022 OF VILAPPILSALA POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED NOS.1 AND 2:
1 VINEETH
AGED 21 YEARS, VIJITH BHAVAN THERMO PENPOL
PULIYARAKONAM P O VILAPPIL THIRUVANANTHAPURAM,
PIN - 695573
2 ADARSH
AGED 20 YEARS, SON OF BIJU JOSEPH ALAYATTI
VADAKKUMKARA VEEDU PULIYARAKONAM P O VILAPPIL
THIRUVANANTHAPURAM, PIN - 695573
BY ADVS.
SAIJO HASSAN
RAFEEK. V.K.
U.M.HASSAN
P.K.ANTONY
AATHIRA SUNNY
LAKSHMINARAYAN.R
K.N.MUHAMMED THANVEER
BINCY JOB
SHINIL PAUL MATHEWS
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SMT.SEETHA.S - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA. No.5867/2022
..2..
ORDER
Dated this the 10th day of August, 2022
This is an application for Anticipatory Bail.
2. The petitioners are accused Nos.1 and 2 in Crime
No.617/2022 of Vilappilssala Police Station, Thiruvananthapuram
alleging commission of offences punishable under Sections 6, 3
(a) of the Explosive Substance Act.
3. The prosecution case is that, on 02.07.2022 at 4.45
p.m the petitioners along with other accused hurled explosive
substances near paramukku junction, Vilappil village and thereby
committing the aforementioned offences punishable under the
above sections.
4. The learned counsel for the petitioners submitted that
the petitioners are falsely implicated in the above said crime.
5. The learned Public Prosecutor submitted that the de
facto complainant has questioned the petitioners while riding a
motor cycle in high speed causing serious danger to the public as
a retaliation to the same they thrown a bomb and which is fell on
the road and got blasted. It is further submitted that the
BA. No.5867/2022
..3..
petitioners have no other criminal antecedents and it is further
submitted that nobody was injured in the said incident.
6. Having regard to the facts and circumstances of the
case and considering the nature of the allegations, I am inclined
to grant anticipatory bail to the petitioners subject to stringent
conditions. In the result, this application is allowed. It is directed
that the petitioners shall surrender before the investigating officer
on 19.08.2022, at 11 a.m. and in the event of arrest of the
petitioners in Crime No.617/2022 of Vilappilssala Police Station,
Thiruvananthapuram, the petitioners shall be produced before the
jurisdictional magistrate on the same day and shall be released on
bail, subject to the following conditions:-
(i) Petitioners shall execute 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 jurisdictional court ;
(ii) Petitioners shall appear before the
investigating officer in Crime No.617/2022 of
Vilappilssala Police Station, Thiruvananthapuram
as and when summoned to do so;
BA. No.5867/2022
..4..
(iii) Petitioners shall not attempt to interfere
with the investigation or to influence or
intimidate any witness in Crime No.617/2022 of
Vilappilssala Police Station, Thiruvananthapuram ;
(iv) Petitioners shall not involve in any other
crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.617/2022 of Vilappilssala Police
Station, Thiruvananthapuram may file an application before the
jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police to
investigate the matter and if necessary to effect recoveries on the
information if any given by the petitioner, even when the
petitioner is on bail as per the judgment of the Apex Court in
Sushila Aggarwal and others v. State(NCT of Delhi) and
another(2020(1)KHC 663).
Sd/-
VIJU ABRAHAM,
JUDGE
ded/10.08.2022
