← Library
High Court of KeralaBail Appl./2689/2015dismissed

Abdul Manaf v. State Of Kerala

2015-06-12Honourable Mr. Justice K.Abraham Mathew3 pages

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. 2689 of 2015 -------------------------------------- CRIME NO. 385/2015 OF AREACODE POLICE STATION , MALAPPURAM ----------------- PETITIONER(S)/ACCUSED:

-------------------------------------- ABDUL MANAF, AGED 19 YEARS, S/O.MAMMOKER, PARAMBIL HOUSE, POOVATHIKKAL (P.O), MALAPPURAM DISTRICT.

BY ADV. SRI.T.K.AJITH KUMAR RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, BY THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K.ABRAHAM MATHEW, J.

................................

B.A.No. 2689 of 2015 ........................................

Dated this the 12th day of June, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2.Petitioner is the second accused in Crime No.385 of 2015 of the Areacode Police Station for the offences punishable under Sections 353, 379 read with Section 34 of the Indian Penal Code, and Sections 20 and 23 of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and 117(e) of Kerala Police Act, apprehends arrest and has filed the application. 3.The prosecution case is that, Sub Inspector of Police, Areacode Police Station found the 1st accused transporting river sand in a lorry without any permit or other authority. When the police officers attempted to take the 1st accused into custody, the petitioner came there on a motor cycle, threatened the police officers and took the 1st accused away.

B.A.No. 2689 of 2015 4.Heard both sides.

5.The allegation against the petitioner is very serious in nature. Prima facie, he threatened the police officers, who were discharging their official duties and allowed the 1st accused to escape from police custody, such a person is not entitled to anticipatory bail.

In the result, this application is dismissed. Sd/- K.ABRAHAM MATHEW JUDGE AMV/12/06/ /TRUE COPY/ P.A.TO JUDGE