Jabir v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 Bail Appl..No. 1114 of 2015 () ------------------------------- CRIME NO. 228/2015 OF KONDOTTY POLICE STATION ,MALAPPURAM DISTRICT --------------- PETITIONER/ACCUSED:

--------------------------------------- JABIR, S/O.ITTILAN ABOOBACKER, ITTILAN HOUSE, POOVVATHINGAL P.O., AREACODE, MALAPPURAM DISTRICT.

BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT/COMPLAINANT-STATE:

----------------------------------------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (INSTRUCTIONS THROUGH STATION HOUSE OFFICER, KONDOTTY POLICE SATION, MALAPPURAM DISTRICT). BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

B.KEMAL PASHA, J.

================ ======================= Dated this the 5th day of March, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the accused in Crime No.228 of 2015 of the Kondotty Police Station registered for the offences punishable under Sections 379 and 279 IPC and Section 20 read with Section 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 6.2.2015 at 06.30, he was found transporting sand illegally collected from the river without any licence or authorization by a tempo van bearing Reg.No.KL-18-A-8228. On seeing the Police party, the petitioner 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 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 petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Thursdays and Mondays commencing from

12.03.2015 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 stu //True copy// P.A to Judge