BIJUNADHAN ACHARI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Sec. 438 of the Code of Criminal Procedure, seeking pre-arrest bail and petitioners are accused Nos. 2, 10 and 11 in crime No.455/2023 of Pooyappally Police Station, Kollam.

(2.) Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the relevant documents form part of the case diary, produced by the learned Public Prosecutor.

(3.) The case of the prosecution is that, at about 11.30 p.m. on 28/3/2023, in connection with the festival of the Keezhottu Sreedevi Temple, Oyoor, the accused stored explosive substances near the temple and the explosion of the same caused damage to window glasses of the house of one Mr.Sajeev. The specific allegation of the prosecution is that, the accused stored the explosive substances without any license or authorization with knowledge of its explosion and consequences. Precisely on these allegations, the prosecution alleges commission of offences punishable under Ss. 289 of IPC, Sec. 118(e) of the Kerala Police Act, Sec. 9(B)(1)(b) of the Indian Explosives Act and 3(a) of the Explosive Substances Act r/w Sec. 34 of IPC.