Abndul Vahab T v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Bail Appl.No. 2060 of 2015 -------------------------------------- CRIME NO. 184/2015 OF EDAVANNA POLICE STATION, MALAPPURAM .........

PETITIONER(S)/ACCUSED:

-------------------------------------- ABNDUL VAHAB T., AGED 27 YEARS, S/O. ASHRAF, THAYYIL HOUSE, MAMPAD P.O., MALAPPURAM DISTRICT.

BY ADVS.SRI.P.SAMSUDIN SRI.M.S.MOHAMMED ANSARY SRI.JITHIN LUKOSE RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. (SUB INSPECTOR OF POLICE EDAVANNA IN CRIME NO.184/2015).

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

==================== B.A.No.2060 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. The petitioner is alleged to have committed the offence under sections 379 IPC and section 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The prosecution case is that he was found transporting river sand in a vehicle, without any permit or other documents. On seeing the police, he took to his heels.

3. Heard.

4. The materials relied on by the prosecution prima facie indicate commission of the offence by the petitioner. The incident took place at 3.30 p.m. So, there was every opportunity for the Police Officer to identify the offender. This is not a fit case to grant anticipatory bail.

In the result, this application is dismissed. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge