Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.211/2014 of Kannavam Police Station, Kannur district registered for the offence punishable under Section 3 of Explosive Substances Act.
3. The allegation against the petitioner is that on 28.3.2014 at 11.15 a.m., while he was shifting explosive substances, which were there in his possession and kept beneath some dry leaves in his neighbouring property, one of the same exploded, whereby he sustained severe burns up to 37%. He had to undergo prolonged treatment in a hospital. The petitioner has been in custody for the period from 3.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. No criminal antecedents have been reported against the petitioner. Even though the allegations against the petitioner are very grave and serious, having regard to the period period undergone by the petitioner in custody and the fact that he has sustained severe burns, for which he had to undergo prolonged treatment, I am satisfied that the petitioner can be enlarged on bail.
5. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for ₹1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Fridays and Tuesdays, commencing from 12.11.2014 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge