AMALJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) APPLICATION FOR ANTICIPATORY BAIL The applicant is the 1st accused in Crime No.644 of 2019 of Nedupuzha Police Station, Thrissur, for having allegedly committed offences punishable under Sections 436, 120B, read with Section 34 of the IPC and under Section 5(a) of the Explosive Substances Act, 1908. The prosecution case, in brief, is this:

(2.) The applicant is a notorious criminal, allegedly affiliated to the gang of one Kadavi Renjith. There was a gang rivalry in the Ollur area, involving the gangs of one Jeo and Kakka Dileep. It is alleged that Kakka Dileep, approached Kadavi Renjith and hired the services of the applicant, who is an expert in making explosives, and as per directions of his leader, Kadavi Renjith, the applicant was involved in the making of country bombs for the purpose of Kakka Dileep, to be used against the gang of Jeo. On 22.12.2019, at about 8.15 PM, the applicant and four others allegedly entered into a criminal conspiracy, to make explosive substances in a rented accommodation, owned by the defacto complainant. Some bombs were already made and handed over and while the applicant was involved in making more explosives, it exploded in the hands of the applicant, resulting in the complete amputation of his left palm and also causing loss of a couple of fingers of his right palm. The applicant was admitted to the Medical College Hospital, underwent treatment and thereafter was discharged on 22.02.2020. The applicant apprehends arrest. All the other co-accused were already arrested and released on regular bail. The applicant prays that he does not have any involvement in the gang rivalry. He is not a criminal and therefore, he may be released on anticipatory bail.

(3.) Heard the learned counsel appearing for the applicant and the Public Prosecutor. The learned Public Prosecutor has vehemently opposed the application for anticipatory bail, stating that such extraordinary jurisdiction of this Court may not be exercised in favour of a criminal, who is involved in gang rivalry, as also involved in making explosives bombs, for the purpose of being used in the gang war. It is also pointed out that the applicant is an accused in Crime No.639 of 2011 of Nedupuzha Police Station, for having allegedly committed offences punishable under Sections 143, 147, 148, 452, 427, 109, 120B, 506(ii) and 307 read with Section 149 of the IPC and also under Section 27 of the Arms Act as also under Sections 3 and 4 of the Explosive Substances Act. In that crime, the applicant is the person, who was instrumental in making the bombs, which were used liberally in a gang war. It is also pointed out that accused 2 to 5 in this crime, are all criminals, having multiple criminal cases against them and therefore, the applicant is a notorious criminal, who is not entitled to any leniency, despite having been incapacitated, due to his own act of crime.