Suraj M.V v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 Bail Appl..No. 61 of 2015 () ----------------------------- CRIME NO. 1003/2014 OF NILESWARAM POLICE STATION , KASARGOD DISTRICT ----------------- PETITIONER/2ND ACCUSED:
--------------------------------------------- SURAJ M.V, AGED 29 YEARS, S/O.KUNHIKANNAN V.V, KADINJIMOOLA, THAIKADAPPURAM P.O, KASARAGOD.
BY ADVS.SRI.RAHUL SASI SMT.NEETHU PREM RESPONDENTS/COMPLAINANT:
------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN -682 031 BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` B.A. No.61 of 2015 ````````````````````````````````````````````````````````````` Dated this the 23rd day of January, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C.
2.
Petitioner is the accused in Crime No.1003/2014 of Nileswaram Police Station, Kasaragod district registered for the offences punishable under Section 379 IPC and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
3.
The allegation against the petitioner is that on 22.12.2014 at 2.30 a.m., he was found transporting sand illegally collected from the river without any licence, by lorry bearing registration No.KL-13M-8272. On seeing the police party, he stopped the lorry and ran away. The lorry and the sand have been seized.
4.
Heard learned counsel for the petitioner and learned Public Prosecutor.
BA.61/2015 : 2 :
5.
No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. As the lorry and the sand have been recovered and seized, there is nothing more to be recovered from the petitioner. On going through the contents of the CD and the present stage of investigation, I do not think that the custodial interrogation of the petitioner is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
6.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
BA.61/2015 : 3 :
(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays commencing from 30.01.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- (B.KEMAL PASHA, JUDGE) aks/23/01 // True Copy // PA to Judge