VARGHESE P C Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 438 of the Code of Criminal Procedure, 1973('Code', for the sake of brevity), of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

(2.) The petitioners are the accused Nos.15 and 16 in Crime No.240/2024 of Hill Palace Police Station, Ernakulam, registered against the accused (19 in number), for allegedly committing the offences under Sec. 286 of the Indian Penal Code, 1860 (IPC), Sec. 118(f) of the Kerala Police Act (KP Act),and Sec. 9 (B) (1) (b) of the Explosive Substances Act, 1884 (Amendment 2013 and 2014). Subsequently, Sec. 308 of the IPC and Sec. 3(a) of the Explosive Substances Act, 1908( in short, 'Act') have been incorporated.

(3.) The gravamen of the prosecution allegation is that; on 11/2/2024, at around 20.30 hours, when the Sub Inspector of Police and a Civil Police Officer named 'Sharath' of Hill Palace Police Station were on patrolling duty they saw explosives stored inside the compound of the Puthiyakavu Temple for the purpose of conducting fireworks. Then they approached the organisers and enquired whether they had the permission to store the explosives or conduct the fireworks. They answered that they did not have the permission. After ensuring the law and order of the locality, they returned to the Police Station and registered the crime against the President, Secretary and ten identifiable persons for the offences punishable under Ss. 286 of IPC, Sec. 118(f) of the KP Act and Sec. 9(B)(1) (b) of the Indian Explosives Act.