Ranju v. The 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. 311 of 2015 () ------------------------------ CRIME NO. 23/2015 OF VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT. ........

PETITIONERS/ACCUSED:

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1. RANJU, S/O.RAJAN, AGED 20 YEARS, NEDUMKALATHIL HOUSE, KUTTOOLI, MALAPPURAM DISTRICT.

2. DIBIN, S/O.VELAYUDHAN, AGED 27 YEARS, MATHANGAPOYIL HOUSE, KUTTOOLI, MALAPPURAM DISTRICT.

BY ADV. SRI.BABU S. NAIR.

RESPONDENTS/STATE & COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

2. THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT.

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:

rs.

B.KEMAL PASHA, J.

============================ B.A. No. 311 of 2015 ============================= Dated this the 23rd day of January, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioners are A1 and A2 in Crime No.23 of 2015 of the Vazhakkad Police Station, registered for the offences punishable under Section 379 read with Section 34 IPC and Sections 12, 23 read with Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 3.

The allegation against the petitioners and the other accused is that on 06.01.2015 at 08.15 p.m., they were found loading river sand, illegally, in tipper lorry bearing registration No.KL-13-M-8312, without any licence or authorization. On seeing the Police party, they ran away from the spot after leaving the vehicle and the sand.

4.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the CD.

5.

No criminal antecedents have been reported against the petitioners. It seems that the sand illegally

collected and the vehicle, have been seized in the case. Investigation of the case is practically over. Custodial interrogation of the petitioners is not required in the matter as there is nothing more to be recovered. Considering the facts and circumstances of the case and the absence of any criminal antecedents on the part of the petitioners, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.

In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:- (i) The petitioners shall report before the investigating officer in between 09.00 a.m. and

11.00 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 petitioners shall not tamper with the evidence or influence witnesses.

(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.

(iv) The petitioners 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 DSV/23/1/15 // True Copy // P.A. To Judge