Anaz v. Sub Inspector Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 Bail Appl..No. 8339 of 2014 -------------------------------------- CRIME NO. 694/2014 OF PAYYOLI POLICE STATION , KOZHIKODE -------------- PETITIONER(S)/ACCUSED:
------------------------------------- ANAZ, AGED 28 YEARS SON OF ABDURAHIMAN, UNICHATHU VEETTIL, P.O.PURAKKADU, VIA MELADI, KOZHIKODE.
BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S)/COMPLAINANT:
------------------------------------------------ SUB INSPECTOR OF POLICE PAYYOLI POLICE STATION, KOZHIKODE.
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` B.A. No.8339 2014 ````````````````````````````````````````````````````````````` Dated this the 12th day of February, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C.
2.
Petitioner is the accused in Crime No.694/2014 of Payyoli Police Station, Kozhikode district registered for the offences punishable under Section 379 IPC and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
3.
The allegation against the petitioner is that on 01.11.2014 at 4 p.m. he was found transporting sand illegally collected from the river without any licence, by mini lorry bearing registration No.KL-10P-8048. On seeing the police party, he stopped the lorry and ran away. The lorry and the sand have been seized.
4.
Heard learned counsel for the petitioner and learned Public Prosecutor.
BA.8339/2014 : 2 :
5.
No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. As the lorry and the sand have been recovered and seized, there is nothing more to be recovered from the petitioner. On going through the contents of the CD and the present stage of investigation, I do not think that the custodial interrogation of the petitioner is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
6.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
BA.8339/2014 : 3 :
(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays commencing from 19.02.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- (B.KEMAL PASHA, JUDGE) aks/12/02 // True Copy // PA to Judge