Disposed

Rajeevan T.K. v. State of Kerala

Kerala HC2 Sept 2016Bail Appl./3718/2016

Case brief

AI extract

What is this about?

Criminal court disposed of interim bail application for petitioner manufacturing explosives. Court observed that mere excess possession falls under Explosives Act 1884, while Explosive Substances Act 1908 covers illegal acts. Directed worker to seek regular bail from Magistrate with records examined for potential Section 1908 applicability. Ordered Magistrate to dispose application same day.

What did the court decide?

Petitioner permitted to seek regular bail from Magistrate; application for interim bail disposed of.

Rajeevan T.K. Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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FRIDAY, THE 2ND DAY OF SEPTEMBER 2016/11TH BHADRA, 1938

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Bail Appl..No. 3718 of 2016

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CRIME NO. 660/2016 OF VATAKARA POLICE STATION , KOZHIKODE

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PETITIONER(S)/ACCUSED:

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RAJEEVAN T.K. S/O. BALAN, AGED 43 YEARS, THAIKANDIYIL HOUSE, MADAPPALLY COLLEGE P.O., VATAKARA TALUK.

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BY ADV. SRI.K.MOHANAKANNAN

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RESPONDENT(S)/STATE:

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 31.

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BY PUBLIC PROSECUTOR SRI.SAJJU.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P. UBAID, J.

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= = = = = = = = = = = = = = = = = B.A. No. 3718 of 2016

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- - - - - - -- - - - - - - - - - - - - - Dated this the 2nd day of September, 2016

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O R D E R

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The petitioner herein is a manufacturer of explosive substances, having licence obtained under the provisions of the Explosives Act, 1884 (hereinafter referred to as 'the Act').

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It is alleged that on 23.04.2016, the petitioner was found possessing huge quantity of explosive substances like 140 Kgs. of potassium nitrate, 90 Kgs. of Sulphur, 247.77 Kgs. of gunpowder at its manufacturing site as against the permitted quantity of 10 Kgs. of fireworks and 03 Kgs. of gunpowder under the licence. All these explosive substances were seized by the police and

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Crime No. 660 of 2016 was registered by the Police against the petitioner under Section 4 of the Explosive Substances Act, 1908. He now seeks pre-

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B.A. No. 3718 of 2016

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-: 2 :-

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arrest bail. Pending proceedings, the police was

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directed to file a report whether the allegations would come under the Act or under the Explosive Substance Act, 1908, because the situations covered by two Acts are different. Mere possession of excess quantity of explosives in violation of the licence conditions will come only under the Act. What is punishable under the Explosive Substances Act is illegal acts or acts of offence by using explosive substances.

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Anyway, now there is a report from the Sub Inspector of Police, Vadakara that practically the allegations will only come under Section 9(B)(1)(A) of the Act. In the above situation, the petitioner

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can very well surrender before the learned Magistrate having jurisdiction and seek regular bail. Let, appropriate decision be taken by the learned Magistrate on the request for bail. The

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B.A. No. 3718 of 2016

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-: 3 :-

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whole case records will have to be examined by the

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learned Magistrate to see whether the case will in any manner come under the provisions of the Explosive Substances Act, 1908 as alleged in the First Information Report.

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Thus, giving liberty to the petitioner to approach the court below for regular bail, this application is disposed of.

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It is directed that in case application for regular bail, on surrender or otherwise, is filed, the court below shall dispose of the application on the date of filing of the application itself.

Sd/-

P. UBAID, JUDGE

DST

//True copy//

P.A. To Judge

Rajeevan T.K. v. State of Kerala

Case brief

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Rajeevan T.K. v. State of Kerala

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