Abdul Shukkur.K v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Bail Appl..No. 3888 of 2015 () ------------------------------- CRIME NO. 531/2015 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR.
.......
PETITIONER/ACCUSED NO.3:-:
--------------------------------------------- ABDUL SHUKKUR. K., S/O.MUHAMMEDKUNHI, AGED 19 YEARS, KAKKOTTAKATH HOUSE, PARIYARAM AMSOM, VAYAD, KANNUR.
BY ADVS.SRI.M.SASINDRAN, SRI.A.ARUNKUMAR.
RESPONDENTS/COMPLAINANT & STATE:- -------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE STATION HOUSE OFFICER, PARIYARAM, PARIYARAM MEDICAL COLLEGE POLICE STATION, (CRIME NO.531 OF 2015), KANNUR DISTRICT - 670 001. BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
K. ABRAHAM MATHEW, J.
==================== B.A.No. 3888 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2.
Petitioner is alleged to have committed the offences under Sections 143, 147, 148, 307, 333, 342, 341, 379 read with Section 149 IPC and Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The prosecution case is that Police Officers including the victim noticed river sand being transported in a lorry, without any permit. When the victim and other Police Officers attempted to prevent it, they assaulted him with the handle of a spade, causing him very serious injuries.
3.
Heard.
4.
Learned counsel submits that the petitioner has been in custody since 26.05.2015 and he may be granted bail. On the other hand, the submission of the Public Prosecutor that the petitioner was actively involved in the commission of the offences and it was he who loaded the lorry with sand and escorted the vehicle.
B.A.No.3888 of 2015 ::2::
5.
Further it is stated that he informed the other accused of the movements of the Police Officers. The Police Officer is still in hospital. He sustained very serious injuries. If the petitioner is granted bail, there is every likelihood of his influencing or intimidating the witnesses. His bail application cannot be allowed.
In the result, this application is dismissed.. T Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge