[Cites 2, Cited by 0]
Kerala High Court
Stephin K.L vs State Of Kerala on 29 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7539
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BAIL APPL. NOs. 167 & 277 OF 2026
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947
BAIL APPL. NO. 277 OF 2026
CRIME NO.898/2025 OF WALAYAR POLICE STATION, PALAKKAD
AGAINST THE ORDER DATED 17.12.2025 IN CRMC NO.5200 OF
2025 OF SESSIONS COURT, PALAKKAD
PETITIONER/ACCUSED NO.3:
STEPHIN K.L.
AGED 33 YEARS
S/O. K. K. LONAPPAN, KARIPPAI HOUSE,
POOLANI, MELUR, THRISSUR DISTRICT,
PIN - 680311
BY ADVS.
SRI.GEO PAUL
SRI.C.R.PRAMOD
SHRI.JACOB GEORGE PALLATH
SHRI.C.B.GAUTHAM
SHRI.HARIKRISHNAN A.S.
SMT.MARIYAM MATHEWS
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY STATION HOUSE OFFICER,
WALAYAR POLICE STATION,
2026:KER:7539
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BAIL APPL. NOs. 167 & 277 OF 2026
PALAKKAD DISTRICT THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
OTHER PRESENT:
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.01.2026, ALONG WITH BAIL APPL..167/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2026:KER:7539
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BAIL APPL. NOs. 167 & 277 OF 2026
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947
BAIL APPL. NO. 167 OF 2026
CRIME NO.898/2025 OF WALAYAR POLICE STATION, PALAKKAD
AGAINST THE ORDER DATED 17.12.2025 IN CRMC NO.5271 OF
2025 OF SESSIONS COURT, PALAKKAD
PETITIONER/4TH ACCUSED:
CHINNASWAMY
AGED 74 YEARS
S/O. SOMASUNDARA KOUNDER,
PULAMPARA HOUSE, WALAYAR POST,
PALAKKAD DISTRICT, PIN - 678624
BY ADVS.
SRI.T.V.GEORGE
SMT.LINDA GEORGE
SHRI.VINOD PETER
SMT.KRISHNA S.
RESPONDENT/STATE/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2026:KER:7539
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BAIL APPL. NOs. 167 & 277 OF 2026
OTHER PRESENT:
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.01.2026, ALONG WITH BAIL APPL..277/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2026:KER:7539
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BAIL APPL. NOs. 167 & 277 OF 2026
ORDER
These two bail applications are connected and hence they
are disposed of by a common order. They are filed under Section
482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,
BNSS), seeking pre-arrest bail.
2. The applicant in B.A.No. 277 of 2026 is accused No.3
and the applicant in B.A.No.167 of 2026 is accused No.4 in Crime
No. 898 of 2025 of Walayar Police Station, Palakkad District.
3. The offences alleged in both cases are punishable
under Section 5 of the Explosive Substances Act, 1908 and
Sections 9(B)(1)(b) of the Indian Explosives Act, 1884
(Amendment 2013 & 2014).
3. The prosecution case, in short, is that on 15.11.2025 at
14.30 hours, during patrol duty, police found five tipper lorries
parked near a quarry in the coconut grove of one Chinnaswamy
in Poolampara. Inside the quarry, two tractors and three
excavators were operating. On inspecting the adjacent shed,
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BAIL APPL. NOs. 167 & 277 OF 2026
officers recovered 3,503 gelatin sticks, 1,265 detonators, a
battery, wire and a plastic sack used for operating them. As these
explosive substances were stored illegally without any licence or
permit, the accused are alleged to have knowingly kept them in
their possession for use in the quarry and thereby committed the
offences.
4. I have heard Sri.Geo Paul and Sri.T.V.George, the
learned counsel for the applicants and Sri.K.A.Noushad, the
learned Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted that
the applicants are innocent and have been falsely implicated in
the above crime. The counsel further submitted that no materials
are on record to connect the applicants with the alleged crime;
hence, they are entitled to get bail. The learned Senior Public
Prosecutor, on the other hand, submitted that the alleged
incident occurred as a part of the intentional criminal acts of the
applicants, and if they are released on bail at this stage, it will
affect the course of the investigation.
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BAIL APPL. NOs. 167 & 277 OF 2026
6. The crime was registered against accused Nos.1 to 3
only. The accused No.4 was subsequently arrayed as an accused
on the ground that he is the owner of the property where the
quarry functioned. The accused No.4 admits that he is the owner
of the property. However, Annexure A2 in B.A.No.167 of 2026
would show that he leased out the property for the purpose of
quarrying to the accused No.1. The only material collected during
the investigation conducted so far against the accused No.3 is the
statement of the accused No.1 that accused Nos.2 and 3 are the
owners of the quarry. The accused Nos.1 and 2 were already
granted regular bail. The applicants have no criminal
antecedents. Considering the allegations made against the
applicants, their custodial interrogation seems unnecessary. For
these reasons, I find these to be appropriate cases to grant pre-
arrest bail to the applicants.
In the result, these applications are allowed on the following
conditions:-
(i) The applicants shall be released on bail in the event of
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BAIL APPL. NOs. 167 & 277 OF 2026
their arrest on executing a bond for Rs.1,00,000/- (Rupees One
lakh only) each with two solvent sureties for the like sum each to
the satisfaction of the arresting officer/investigating officer, as
the case may be.
(ii) The applicants shall fully cooperate with the
investigation, including subjecting themselves to the deemed
police custody for discovery, if any, as and when demanded.
(iii) The applicants shall appear before the investigating
officer between 10.00 a.m. and 11.00 a.m. every Saturday until
further orders. They shall also appear before the investigating
officer as and when required.
(iv) The applicants shall not commit any offence of a like
nature while on bail.
(v) The applicants shall not attempt to contact any of the
prosecution witnesses, directly or through any other person, or in
any other way try to tamper with the evidence or influence any
witnesses or other persons related to the investigation.
(vi) The applicants shall not leave the State of Kerala
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BAIL APPL. NOs. 167 & 277 OF 2026
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of bail
conditions or cancellation of bail on the grounds of violating the
bail conditions shall be filed at the jurisdictional court.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
2026:KER:7539
BAIL APPL. NOs. 167 & 277 OF 2026
APPENDIX OF BAIL APPL. NO. 277 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER DATED 17-12-2025
IN CRL.M.C. NO. 5200/2025 ON THE FILES
OF SESSIONS COURT, PALAKKAD
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BAIL APPL. NOs. 167 & 277 OF 2026
APPENDIX OF BAIL APPL. NO. 167 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF FIR NO: 898/2025 UNDER
SECTION 9B(1)(B) OF THE EXPLOSIVES ACT,
1884 AND SECTION 5 OF THE EXPLOSIVE
SUBSTANCES ACT, 1908 REGISTERED BY
WALAYAR POLICE DTD 16/11/25
ANNEXURE A2 TRUE COPY OF THE LEASE AGREEMENT DTD
3/10/25 EXECUTED BY THE 1ST ACCUSED -
ARJUN KRISHNA WITH THE PETITIONER
ANNEXURE A3 TRUE COPY OF COMMON ORDER IN CRL. M.C
NO:5271/2025 OF SESSIONS COURT, PALAKKAD
DTD 17/12/2025
