Abdul Nasar vs State Of Kerala
2022 Latest Caselaw 11841 Ker

Citation : 2022 Latest Caselaw 11841 Ker
Judgement Date : 21 December, 2022

Kerala High Court

Abdul Nasar vs State Of Kerala on 21 December, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022/30TH AGRAHAYANA, 1944
                    BAIL APPL. NO. 9696 OF 2022
  Crime No.1050/2022 of Manjeri Police Station, Malappuram
                             District,
PETITIONER/ACCUSED:

    1     ABDUL NASAR
          AGED 43 YEARS
          URAKKOTTIL HOUSE,
          VELLILA P.O., MANKADA
          MALAPPURAM, PIN - 679324
    2     UMMER U K
          AGED 28 YEARS
          URAKKOTTIL HOUSE, VELLILA P.O.,
          MANKADA, MALAPPURAM, PIN - 679324
          BY ADVS.
          K.S.ARUN KUMAR
          SAQIB RIZWAN
          VIJAY SANKAR V.H.
          JERIN JOSEPH
          AMRUTHA P S

RESPONDENT/STATE:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
          BY ADV PUBLIC PROSECUTOR

OTHER PRESENT:

          PP: SMT.Seetha S
    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 21.12.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.9696 of 2022             :2:




                        VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                       B.A. No.9696 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
             Dated this the 21st day of December, 2022

                                 ORDER

This is an application for anticipatory bail.

2. The petitioners are accused in Crime No.1050/2022 of

Manjeri Police Station, Malappuram District, alleging commission

of offences punishable under Sections 286 of the Indian Penal Code

and under Sections 9(h) and 5(a) of the Explosive Substances Act.

3. The prosecution allegation is that, in the property of one

Abbas, who is also arrayed as an accused, explosive substances

were found, kept without any license or documents and thereby

committed the aforesaid offences.

4 .The learned counsel for the petitioners submitted that the

petitioners have been roped in as accused under the insistence of

some other quarry owners in the locality after consultations and

deliberations with the local police, for the reason that the aforesaid

Abbas had a proposal for starting a new quarry in the area and due

to that animosity, some other competing quarry owners has

concocted with the police to prevent Mr. Abbas from getting a new

license from the Government. It is further submitted that a

co-accused is already granted bail by this Court in B. A.

No.9668/2022.

5. The learned Public Prosecutor upon instructions submitted

that large quantity of explosive substances were found in the

premises of the accused, without any license. It is further

submitted that the alleged explosive substances is already

recovered. It is also submitted that the petitioners are not involved

in any other crime.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations and taking into

consideration the fact that the co-accused in the above crime has

already been granted anticipatory bail by this Court in B. A.

No.9668/2022, I am of the opinion that custodial interrogation of

the petitioners may not be required for the purpose of investigation

and only a limited custody be granted for the said purpose.

Therefore, I am inclined to grant 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 27.12.2022, at 11 a.m, and subject

themselves for interrogation on that day and on any other day/days

as directed by the investigating officer. The petitioners shall co-

operate with the investigation. In the event of arrest in Crime

No.1050/2022 of Manjeri Police Station, Malappuram District, they

shall be produced before the jurisdictional Court on the very same

day and shall be released on bail, subject to the following

conditions:-

(i) Petitioners shall execute a bond for a sum of

Rs.50,000/- (Rupees fifty thousand only) each, with

two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court ;

(ii) The petitioners shall appear before the

investigating officer in Crime No.1050/2022 of

Manjeri Police Station, Malappuram District, on every

Saturday, at 11 am, until the filing of the final report;

(iii) Petitioners shall appear before the investigating

officer in Crime No.1050/2022 of Manjeri Police

Station, Malappuram District, as and when

summoned to do so;

(iv) The petitioners shall not attempt to contact the

victim or the defacto complainant or interfere with

the investigation or to influence or intimidate any

witness in Crime No.1050/2022 of Manjeri Police

Station, Malappuram District;