Santhosh vs The Station House Officer on 20 December, 2019

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Kerala High Court

Santhosh vs The Station House Officer on 20 December, 2019

Bench: V Raja Vijayaraghavan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

  FRIDAY, THE 20TH DAY OF DECEMBER 2019 / 29TH AGRAHAYANA, 1941

                      Bail Appl..No.9248 OF 2019

     CRIME NO.636/2019 OF Kuttiyadi Police Station, Kozhikode


PETITIONER/ACCUSED:

             SANTHOSH,
             AGED 36 YEARS,
             S/O.RAMA SWAMI, KOLATTAYIL HOUSE, NIDUMANNUR,
             KAKKATTIL, KOZHIKODE - 653 507.

             BY ADVS.
             SRI.T.G.RAJENDRAN
             SRI.T.R.TARIN

RESPONDENT/COMPLAINANT AND STATE:

      1      THE STATION HOUSE OFFICER,
             KUTTIADY POLICE STATION, KOZHIKODE - 673 508.

      2      THE STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM - 682 031.




             SRI AJITH MURALI, PUBLIC PROSECUTOR



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION            ON
20.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No.9248 OF 2019                2




                                    ORDER

This application is filed under Section 439 of the Code of Criminal Procedure.

2. The applicant herein is the accused in Crime No.636 of 2019 of the Kuttiady Police Station. The aforesaid crime has been registered under Section 279 of the IPC, Section 185 of the Motor Vehicles Act and Section 4 of the Explosive Substances Act, 1908.

3. According to the prosecution, on 04.12.2019, the Sub Inspector of Police, Kuttiady Police Station, received information that a motor accident had taken place involving a car driven by the applicant herein and a bike. He reached the spot and found that the applicant herein had driven the vehicle after consuming alcohol. A search of the vehicle was carried out and about 150 electronic detonators and about 197 of gelatine sticks were found inside the car. Since the explanation offered by the applicant for possession of the explosives were found unsatisfactory, the aforesaid crime was registered and the applicant herein was arrested on 04.12.2019 itself.

4. Sri.T.R.Tarin, the learned counsel appearing for the applicant, Bail Appl..No.9248 OF 2019 3 submitted that the applicant herein is merely an employee of a nearby quarry. According to him, the fact that the cartons contain explosives and other detonators were not disclosed to the applicant when he was asked to transport the item from one quarry to the other. He also denied that he was under the influence of alcohol and according to him, Section 185 will have no application since the obligatory breath analysis test was not carried out. Finally, it is submitted that the applicant herein was given in police custody and substantial part of the investigation is over.

5. Sri.Ajith Murali, the learned Public Prosecutor, has strenuously opposed the prayer.

6. I have considered the submissions advanced and have perused the records. The materials made available by the learned Public Prosecutor reveal that the investigation has progressed to the final stages. It is not reported that the applicant is involved in any other crimes. Even now, the prosecution has no case that the explosives were meant for nefarious activities. Having considered the facts and circumstances, the role assigned to the applicant, the stage of investigation and attendant facts, I am of the view that the applicant can now be released on bail on stringent conditions.

Bail Appl..No.9248 OF 2019 4

In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. However, it shall be subject to the following conditions:

(a) The applicant shall appear before the Investigating Officer on all Mondays between 10 a.m. and 1 p.m., for a period of 3 months or till the final report is laid, whichever is earlier.

(b) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(c) He shall not commit any offence while he is on bail.

(d) He shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV/20.12.19

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