Abdul Hayyim P. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE B.KEMAL PASHA THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 Bail Appl..No.1449 of 2015 --------------------------------------- (CRIME NO.261/2014 OF THRITHALA POLICE STATION,PALAKKAD). ...

PETITIONERS/2ND AND 3RD ACCUSED:

-------------------------------------------------------- 1.

ABDUL HAYYIM.P,AGED 28 YEARS, S/O.MUHAMMED,PALLATHU HOUSE, KOKKOOR P.O.,CHIYANNOOR, MALAPPURAM DISTRICT.

2.

MUHAMMED SHADIQUE, S/O.MUHAMMED KUTTY,AGED 28 YEARS, KATTUNNAKUNNATHU HOUSE, MUDOOR P.O.,PONNANI, MALAPPURAM DISTRICT.

BY ADV. SRI.K.P.SUDHEER RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING THROUGH SUB INSPECTOR OF POLICE,THRITHALA POLICE STATION, THRITHALA,PALAKKAD DISTRICT,PIN-679534.

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

B.KEMAL PASHA, J.

================= B.A.No.1449 of 2015 ================== Dated this the 19th day of March, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. According to the petitioners, they are apprehending arrest in connection with Crime No.261 of 2014 of the Thrithala Police Station, Palakkad District, registered for the offences punishable under Section 23A read with Section 25 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and Section 3(1) of the Prevention of Damage to Public Properties Act, 1984 read with Section 34 of the Indian Penal Code.

3. The learned Public Prosecutor has pointed out that the investigation of this case is over and the Final Report has already been filed in the matter in the court below. Matters being so, it is for the petitioners to approach the court below for regular bail. In case of such an application, the court below shall dispose of the same on the same day itself,

B.A.No.1449 of 2015 provided advance notice is served on the Assistant Public Prosecutor in charge of the case. The court below shall take note of the fact that no criminal antecedents have been reported against the petitioners.

With the said observations, this bail application is disposed of.

Sd/- B.KEMAL PASHA, JUDGE DSV/19/3/15 // TRUE COPY // PA to Judge