Murshid K.V. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 Bail Appl..No. 6888 of 2014 (A) ------------------------------------ CRIME NO. 374/2014 OF PARIYARAM MEDICAL COLLEGE, POLICE STATION , KANNUR ------ PETITIONER/ACCUSED:
-------------------------- MURSHID K.V. AGED 19 YEARS S/O.MUHAMMEDALI, KUNDILE VALAPPIL HOUSE, MATTOOL NORTH MATTOOL P.O., MATTOOL AMSOM, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT:
--------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA THROUGH S.H.O. PARIYARAM MEDICAL COLLEGE POLICE STATION KANNUR DT.
BY PUBLIC PROSECUTOR SRI.N.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BABU MATHEW P. JOSEPH, J.
------------------------------------------------ ------------------------------------------------ Dated this the 29th day of May, 2015
ORDER
This petition is filed under Section 438 of Cr.P.C for anticipatory bail.
2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent.
3. The petitioner is the accused in Crime No.374 of 2014 of Pariyaram Medical College Police Station. The offences alleged are under Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act and under Section 379 of the Indian Penal Code. Learned counsel for the petitioner submits that he is only the owner of the lorry allegedly involved in the occurrence. He is totally innocent of the allegations raised against him. He has no criminal antecedents. The investigation of the case is almost over. The custodial interrogation of the petitioner is not
-2required in this case. He further submits that the petitioner apprehends arrest by the police at any time.
4. Learned Public Prosecutor, on instructions, submits that the investigation of the case has progressed much. No criminal antecedents have been reported against the petitioner, he further submits. On considering the facts and circumstances, the stage of the investigation and the fact that no criminal antecedents have been reported against the petitioner, this Court is satisfied that the petitioner can be granted anticipatory bail imposing appropriate conditions.
5. Therefore, the petitioner is granted anticipatory bail subject to the following conditions:
1)The petitioner shall surrender before the Investigating Officer on or before 06-06-2015. In the event of his arrest, he shall be released on bail on his executing a bond for 25,000/- (Rupees twentyfive thousand only) with two ₹ solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
2)The petitioner shall not directly or indirectly make any
-3inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any Police Officer.
3)The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
4)The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.
5)The petitioner shall not commit any similar offence while on bail.
6)The petitioner shall not leave India without the previous permission of the concerned Magistrate's Court. This petition is allowed as above.
Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE
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