ANEESH CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The applications are filed under Sec. 438 of the Code of Criminal Procedure, for orders of pre-arrest bail.

(2.) In BA No.1968/2024, the petitioners are the accused 13, 15 to 19, 21 to 23 and 25 to 29 and in BA No.2085/2024 the petitioner is the accused 20 in Crime No.242/2024 of the Hill Palace Police Station, registered against the accused (34 in number), for allegedly committing the offences punishable under Secs.286, 304, 308, 337, 427 and 212 read with Sec.34 of the Indian Penal Code, Sec. 3(a) of Explosive Substances Act 1908 and Sec. 9(B) (1) (b) of Explosive Act.

(3.) The prosecution allegation in the above cases are as follows: The gravamen of the prosecution allegation in Crime No.242/2024 is that: On 12th of February 2024, the accused Nos.7, 8, 29 to 31 led by the 1st accused (the contractor), on instructions from the accused Nos. 2 to 6 and 9 to 28 - the members of Vadakkumpuram Thalappoli Festival Committee, the Office bearers of Vadakkumpuram Karayogam and the Office bearers of the Temple Devaswom- brought raw materials and explosive substances in a 17 seater tempo traveller van bearing No.KL"07"CB"7133, without any licence or permission from Pothancode, Thiruvananthapuram, being aware that it could cause harm to life and property and even death. The explosives were unloaded and unlawfully stored in a shed built on 70 cents of land belonging to Vadakkumpuram Nair Karayogam, situated on the southern margin of the YMA Road. Due to the careless handling of the explosives, the explosion took place resulting in the death of Vishnu and Anil, causing grievous injuries to 12 persons, extensive damage to 15 nearby houses, leaving them unfit to dwell, and damage to 300 houses and vehicles parked in the locality. The accused Nos. 1 to 34, including the accused Nos.32 to 34, who harboured the accused persons 9 to 11, have committed the offences punishable under Ss. 286, 304, 308, 337, 427 and 212 read with Sec.34 of the Indian Penal Code, Sec. 3(a) of Explosive Substances Act 1908 and Sec. 9(B) (1) (b) of Explosive Act.