VIPIN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for anticipatory bail under section 438 of the code of criminal procedure. The petitioner is the accused in Crime No. 316/2008 of dharmadom Police Station.

(2.) THE offence alleged against the petitioner is under section 4 of the explosive Substances Act.

(3.) THE prosecution case is that on 19/10/2008 at about 4. 10 pm, on getting reliable information, the police party searched residential premises of the petitioner and seized 20 Country bombs of high explosive capacity kept in a container concealed in a ditch where the coconut sapling was planted. Learned counsel for the petitioner submitted relying on Annexure (1) that the place from where the bombs were allegedly recovered belongs to one Premachandran and property does not belong to the petitioner. Learned Public Prosecutor submitted that the place from where the bombs were recovered is close to the residential building of the petitioner, though that portion of the land may be included in the property of Premachandran. The residential building of Premachandran is on the northern side of the house of the petitioner. The offence is of serious nature. In the nature of the offence and other circumstances, custodial interrogation would be necessary. If the petitioner is granted anticipatory bail, it would affect the proper and smooth investigation of the case.