IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7339 of 2008()
1. K.K.BHASKARAN, S/O.SHANKARAN, AGED 25
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.V.V.ASOKAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :09/12/2008
O R D E R
K.HEMA, J.
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B.A.No. 7339 of 2008
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Dated this the 9th December, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 5 of the Explosive
Substance Act. According to prosecution, the police got
information that explosive substances are kept in the house of
petitioner and on search, two fuse wires were seized from the house
of petitioner.
3. Learned counsel for petitioner submitted that petitioner is
prepared to co-operate with the investigation and what was seized
were only two fuse wires and he is falsely implicated in the crime.
He may be granted anticipatory bail, it is submitted. Learned
counsel for petitioner submitted that the act, if any, committed by
petitioner will not fall under the Explosive Substance Act but it may
be an offence only under Explosives Act which is bailable. But, it is
only with a view to deny bail that offence under the Explosive
Substance Act is included.
4. This petition is opposed. Learned Public Prosecutor
submitted that fuse wires seized from the house come under the
provisions of the Explosive Substance Act. Any material used for
BA.7339/08 2
making of explosive substance is also an explosive substance under
the Act. Petitioner has no licence or authority to keep any explosive
or make any explosive and hence, it is not a fit case to grant
anticipatory bail, it is submitted.
5. Learned Public Prosecutor submitted that article seized
from petitioner’s possession is an “explosive substance” under the
Explosive Substance Act and it cannot be strictly said to be an
“explosive” as defined under the Explosives Act.
6. On hearing both sides, considering the nature of allegations
made, I am not satisfied that this is a fit case to grant anticipatory
bail. Petitioner has not shown any authority to keep the contraband
article in his possession. The crime is registered as early as on
18.8.2008 and petitioner was not available for interrogation.
Petitioner shall surrender before the
investigating officer without any delay and co-
operate with the investigation. Whether he
surrenders or not, police is at liberty to arrest him
and proceed in accordance with law.
With this direction, petition is dismissed.
K.HEMA, JUDGE
vgs.
