Allowed

Devaprasad v. State of Kerala

Kerala HC23 Mar 2017Bail Appl./784/2017

Case brief

AI extract

What is this about?

High Court of Kerala allowed an anticipatory bail application filed by Devapasad accused under the Explosive Substances Act, granting release on bond and sureties due to lack of material showing joint quarry conduct and probability of his version.

What did the court decide?

The petitioner shall be released on bail upon executing a bond for Rs.50,000/- with two solvent sureties each for the like amount.

Devaprasad Vs State of Kerala — Bail and Remand | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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THURSDAY, THE 23RD DAY OF MARCH 2017/2ND CHAITHRA, 1939

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Bail Appl..No. 784 of 2017 ()

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CRIME NO. 266/2017 OF KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT

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PETITIONER/ACCUSED NO.1 :

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DEVAPRASAD, AGED 37 YEARS, PLAVILAPUTHEN VEEDU, MYLOM P.O., KOTTARAKKARA.

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BY ADV. SRI.M.K.CHANDRA MOHANDAS

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RESPONDENT/STATE/COMPLAINANT :

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. SUB INSPECTOR OF POLICE

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KOTTARAKKARA, KOLLAM RURAL, KOTTARAKKARA-691505.

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R1 & R2 BY PUBLIC PROSECUTOR SRI.SAJJU S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.ABRAHAM MATHEW, J.

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B.A.No. 784 of 2017

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Dated this the 23^rd day of March, 2017

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ORDER

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Petition filed under Section 438 Cr.P.C.

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Petitioner is the accused in Crime No.266 of 2017 of Kottarakkara Police Station registered for the offences under Sections 3(a) and 4(a) of the Explosive Substances Act. The prosecution case is that he along with the co-accused is conducting a quarry in the property of the former and they were found to be in possession of 270 gelatin sticks, for which they had no licence or other authority. Learned counsel submits that the petitioner granted licence to the co-accused to conduct the quarry and

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he was not in a possession of any explosive substances.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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As of now there is no material with the prosecution to show that the petitioner also conducted the quarry along with the co-accused. He is the owner of the property. The probability of his version that he only permitted the co-accused to conduct the quarry cannot be ruled out at this stage. So I am inclined to grant the prayer of the petitioner.

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In the result, this Bail Application is allowed.

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i. The petitioner shall be released on bail after

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B.A.No. 784 of 2017 2

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interrogation on his executing a bond for Rs.50,000/-

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(Rupees Fifty thousand only) with two solvent sureties

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each for the like sum if he is arrested by the investigating officer in connection with this case.

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ii. He shall appear before the investigating for interrogation on 7^th and 14^th days after his release.

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iii. He shall not intimidate or attempt to

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influence the witnesses, nor shall he get himself involved in any other criminal case.

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iv. He shall surrender his passport before the lower court concerned or if he does not have one he shall

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file an affidavit to that effect within five days of his release.

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If he surrenders before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.

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In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.

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K.ABRAHAM MATHEW JUDGE

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Devaprasad v. State of Kerala

Case brief

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Devaprasad v. State of Kerala

Case brief

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