Koovodan Rajesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 31ST DAY OF JULY 2015/9TH SRAVANA, 1937 Bail Appl.No. 4331 of 2015 ----------------------------------- CRIME NO. 803/2015 OF TALIPARAMBA POLICE STATION, KANNUR ........
PETITIONER(S)/ACCUSED NO.1:
---------------------------------------------- KOOVODAN RAJESH, AGED 44 YEARS, S/O. GOVINDAN, KOOVODAN HOUSE, BAVUPPARAMBA, KURUMATHUR P.O., KURUMATHUR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S)/COMPLAINANT:
------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the first accused in Crime No.803 of 2015 of Taliparamba Police Station Kannur District. He is said to have committed the offences under Sections 279, 379, 353, 308 read with Section 34 of the Indian Penal Code and Section 132 (1) read with Section 179 of M.V.Act and Section 20 and 21 of Kerala Protection of River Banks and Regulation of Removal of Sand Act and Section 3(2) (e) of PDPP Act.
3.
The prosecution case is that he was found transporting river sand without any permit or other authority and when the police intercepted the vehicle he assaulted the police officers.
4.
Heard.
5.
The learned counsel submits that taking into consideration the period of custody, the petitioner may be granted bail. He has been in custody since 11.06.2015.
There has been much progress in the investigation. His further detention is not necessary.
In the result, this application is allowed.
1.
The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2.
He shall appear before the investigating officer between 10.30 a.m and 11.30 a.m. every Friday for four months, or till the final report is filed, whichever is earlier. 3.
He shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case.
4.
He shall surrender his passport before the lower court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release. 5.
He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.
6.
He shall deposit rs.6000/- (Rupees Six thousand only) in the trial court before he is released on bail.
If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.
sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge