Abdul Majeed 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. 100 of 2015 () ------------------------------ CRIME NO. 601/2014 OF VENGARA POLICE STATION,MALAPPURAM DISTRICT ------------------ PETITIONER(S)/2ND &3RD ACCUSED:
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1. ABDUL MAJEED, S/O.MUHAMMEDKUTTY, AGED 40 YEARS, KUTTIKKATTIL HOUSE, PARAPPUR P.O.,MALAPPURAM DISTRICT.
2. ABOOBACKER, S/O.MAMMIKUTTY, AGED 38 YEARS, THEKKIL HOUSE, PARAPPUR P.O., MALAPPURAM DISTRICT.
BY ADV. SRI.U.K.DEVIDAS RESPONDENT/COMPLAINANT:
------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` B.A. No.100 of 2015 ````````````````````````````````````````````````````````````` Dated this the 23rd day of January, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C.
2.
Petitioners are accused Nos.2 and 3 in Crime No.601/2014 of Vengara Police Station, Malappuram 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 petitioners is that on 30.12.2014 at 1.10 a.m., they were found transporting sand illegally collected from the river without any licence, by lorry bearing registration No.KL-13S-1333. On seeing the police party, they stopped the lorry and ran away. The lorry and the sand have been seized.
4.
Heard learned counsel for the petitioners and learned Public Prosecutor.
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5.
The learned Public Prosecutor has pointed out that the 2nd petitioner is not an accused in the crime. Therefore, as far as the 2nd petitioner is concerned, this bail application is dismissed. No criminal antecedents have been reported against the 1st 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 1st 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 1st 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 1st petitioner.
6.
In the result, this bail application is allowed in part and the investigating officer or such other police officer, who is conducting the arrest of the 1st petitioner, is directed to enlarge him on bail in the event of his arrest on his
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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:- (i) The 1st 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 1st petitioner shall not tamper with the evidence or influence witnesses.
(iii) The 1st petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The 1st 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