Shamsudheen K.V. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 17TH DAY OF JULY 2015/26TH ASHADHA, 1937 Bail Appl..No. 4095 of 2015 () ------------------------------- CRIME NO. 543/2015 OF SREEKANDAPURAM POLICE STATION, KANNUR ---------------- PETITIONER/ACCUSED :
-------------------------------- SHAMSUDHEEN K.V., AGED 36 YEARS, S/O. ABDULLA, KALLAM VALAPPIL, KOYYAM, KOYYAM P.O., CHENGALAYI, TALIPARAMBA TALUK.
BY ADVS.SRI.K.S.MADHUSOODANAN SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA SRI.P.K.RAKESH KUMAR SRI.K.S.MIZVER RESPONDENTS/COMPLAINANT & FORMAL PARTY :
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1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. STATION HOUSE OFFICER, SREEKANDAPURAM POLICE STATON, KANNUR.
R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
K. ABRAHAM MATHEW, J.
---------------------- B.A. No.4095 of 2015 -------------------------------------------- Dated this the 17th day of July 2015
O R D E R
Petition filed under Sec.438 Cr.P.C.
2. Petitioner is accused in Crime No.543 of 2015 of Sreekandapuram Police station registered for the offences under Sec.379 of the Indian Penal Code and Secs.20 and 21 of the Protection of River Banks and Regulation of Removal of Sand Act. The prosecution case is that the lorry owned by him was used for transporting river sand without any permit or authority.
3. Heard both sides.
4. Learned counsel submits that the petitioner is not involved in the commission of the offences and he has been made an accused only because he is the R.C. owner of the vehicle. It is necessary to get an explanation from him for the use of his vehicle for illegal transportation of river sand. For that his custodial interrogation appears to be necessary. It is not proper to grant him anticipatory bail. In the result, the bail application is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge