Sulfeekhar Ali v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 Bail Appl..No. 350 of 2015 () ------------------------------ CRIME NO. 17/2015 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT ------------------------ PETITIONER/ACCUSED:

------------------------------------- SULFEEKHAR ALI,S/O.MOHAMMED,AGED 31 YEARS, CHOKKAMBALATH HOUSE, P.O.PULAMANTHOLE, NORTH PALUR, MALAPPURAM DISTRICT.

BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENT/STATE:

-------------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

B.KEMAL PASHA, J.

................................................................ B.A. No.350 of 2015 ............................................................... Dated this the 16th day of February, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the accused in Crime No.17 of 2015 of the Perinthalmanna Police Station, Malappuram 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 05.01.2015 at about 00.10 hours he was found transporting sand illegally collected from the river without any licence or authorization by a Swaraj Mazda vehicle bearing registration No.KL-11/Z-7549. On seeing the Police party, the driver of

-: 2 :- the vehicle ran away from the spot after leaving the vehicle and the sand.

4.

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

5.

No criminal antecedents have been reported against the petitioner. 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 petitioner 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 his part, 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 petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his

-: 3 :- executing a bond for ₹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 petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Mondays and Thursdays commencing from 23.02.2015 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.

-: 4 :- 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 ul/- [True copy] P.S. to Judge