Jithin @ Kannan vs State Of Kerala
2022 Latest Caselaw 10599 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                   BAIL APPL. NO. 7949 OF 2022
          CRIME NO.721/2022 OF CANTONMENT POLICESTATION,
                        THIRUVANANTHAPURAM
PETITIONER/ACCUSED:

            JITHIN @ KANNAN,AGED 31 YEARS
            S/O VINAYAKUMAR, KRISHNA VILASOM VEEDU,
            LAKSHAM VEEDU COLONY, NEAR MEENAKSHI TEMPLE,
            THUMB STATIONKADAVU, ATTIPRA DESOM, ATTIPRA VILLAGE
            NOW RESIING AT TC 98/3215 (RENTED HOUSE), NEAR SNDP
            SHAKHA MANDIRAM NO. 946, VSSC ROAD, MUKKOLAIKKAL,
            KULATHOOR, ATTIPRA DESOM, ATTIPRA VILLAGE,
            PIN - 695583
            BY ADVS.
            V.S.CHANDRASEKHARAN
            LEKSHMI SWAMINATHAN
            M.V.DAS,S.JAYAKUMAR
            SAJNA T.UMMER,SADIQALI.M
            C.A.SABITHA,SHAHIM BIN AZIZ

RESPONDENTS/STATE & COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031
    2       THE DEPUTY POLICE SUPERINTENDENT-I
            CRIME BRANCH, THEKKUMMODU, SASTHAMANGALAM P.O,
            THIRUVANANTHAPURAM - 695010

OTHER PRESENT:

            PP - SMT. NIMA JACOB

        THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.7949 of 2022                            2




                                VIJU ABRAHAM, J.
                .................................................................
                               B.A.No. 7949 of 2022
                .................................................................
                Dated this the 21st day of October, 2022

                                         ORDER

This is an application for regular bail.

2. The petitioner is the 1st accused in Crime Branch

Cr.117/CB/TVM/R/2022 (Crime No.721 of 2022 of Cantonment Police

Station, Thiruvananthapuram District) registered under Sections 436,

427, 120 B of the Indian Penal Code and Sections 3(a) and 5(a) of

Explosive Substance Act, 1908.

3. The allegation of the prosecution is that the accused with

the intention to cause destruction to the building CPI(M) committee

office in which the complainant was working as an office staff on

30.06.2022 at 11.20 p.m., at Kunnukuzhy side, committed mischief by

throwing a bomb which is an explosive substance into the compound of

the said building through a gate which was intended for the passage of

vehicles and been missed the target, the substance hit on the pillar of

the gate. The accused thereby alleged to have committed the abovesaid

offences.

4. The petitioner was arrested on 22.09.2022 and is in custody

since then. It is submitted by the learned counsel for the petitioner that

the entire allegations and averments contained in Annexure A1 FIR is

absolutely false and incorrect. It is only a concocted story created by the

police due to the instigation and influence of the ruling party. The

petitioner never committed such offence as alleged by the police. The

investigating agency is not having a consistent case in the various

remand applications filed before the jurisdictional courts. These

discrepancies itself will show the falsity of the allegations. Learned

counsel for the petitioner would further submit that in order to attract the

provisions of Section 3 of the Explosive Substances Act, 1908, the

explosive substance allegedly used should be of a nature that would

endanger the life or to cause serious injury to property. Such a situation

is not present in this case and therefore relying on the judgment of this

Court in Manu G. Rajan and another v. State of Kerala, 2021 (6) KLT

227, counsel for the petitioner contended that Section 3 of the said Act

is not attracted. It is further submitted that the petitioner is in custody

from 22.09.2022 and police custody was also granted. The investigation

has progressed considerably, and therefore further detention of the

petitioner is not required for the purpose of the investigation.

5. A detailed statement was filed by the learned Senior Public

Prosecutor along with a memo dated 17.10.2022, seriously opposing

the application for bail. The crime was originally registered at the

Cantonment Police Station, Thiruvananthapuram District, later the

investigation was taken over by the Crime Branch. In the scientific

investigation, it was found that the explosive material used to make the

bomb is a banned chemical, ie., potassium chlorate. CCTV footage was

collected and examined, and also various witnesses were questioned

and statements were recorded. In the detailed investigation conducted

including verification of electronic evidence like CCTV footage etc., the

role of the petitioner is clearly revealed, and he was arrested on

22.09.2022. Police custody was also sought and was granted from

23.09.2022 to 26.09.2022, and while questioned in police custody, he

confessed about his involvement in the alleged commission of the

offence. The investigation further revealed that the criminal act was an

outcome of a criminal conspiracy by the petitioner and other accused

and therefore the other accused were arrayed as accused Nos. 2 to 4.

Investigation revealed that accused Nos. 2 and 4 are absconding and

the 3rd accused is presently abroad. It is further submitted that the

petitioner is involved in other criminal cases registered at various police

stations in Thiruvanthapuram District. The bail application was opposed

mainly contending that the petitioner is the prime accused in the case,

and if he is released on bail there is every chance for him to indulge in

similar offences and to threaten and influence the witnesses.

6. I have considered the rival contentions. As per the

prosecution case, the bomb was thrown to the State Committee office of

the ruling party which landed near the pillar of the gate and exploded.

There is no allegation that anyone was injured in the alleged incident.

The petitioner is in custody from 22.09.2022. The statement filed by the

investigating agency would reveal that the investigation has progressed

considerably and even police custody of the petitioner was given from

23.09.2022 to 26.09.2022, and the petitioner was questioned. In view of

the fact that the petitioner is in custody from 23.09.2022, I am of the

opinion that further detention of the petitioner is not required for the

purpose of the investigation and I am inclined to grant bail to the

petitioner. Taking note of the apprehensions raised by the learned public

prosecutor and considering the criminal antecedents of the petitioner,

the grant of bail shall only be on the following stringent conditions.

(i) The petitioner 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) Petitioner shall appear before the investigating officer in Crime

Branch Cr.117/CB/TVM/R/2022 (Crime No. 721 of 2022 of Cantonment

Police Station, Thiruvananthapuram District), on every Saturday at

11.00 a.m. till filing of the charge sheet;

(iii) The petitioner shall not attempt to interfere with the

investigation or to influence or intimidate any witness in Crime Branch

Cr.117/CB/TVM/R/2022 (Crime No.721 of 2022 of Cantonment Police

Station, Thiruvananthapuram District);

(iv) The petitioner shall surrender his passport before the

jurisdictional court. If the petitioner does not have a passport, he shall

execute an affidavit to that effect and file the same before the said court

within seven days of release on bail;

(v) The petitioner shall not leave the jurisdictional limits of

Thiruvananthapuram District except with the prior permission of the

jurisdictional court.

(vi) The petitioner shall not involve in any other crime while on

bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime Branch Cr.117/CB/TVM/R/2022 (Crime No.

721 of 2022 of Cantonment Police Station, Thiruvananthapuram District)

may file an application before the jurisdictional court, for cancellation of

bail.

Sd/-

VIJU ABRAHAM JUDGE

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