Dilshad v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 Bail Appl..No. 9006 of 2014 () ------------------------------- CRIME NO. 497/2014 OF MAVOOR POLICE STATION, KOZHIKODE DISTRICT. .......
PETITIONERS/ACCUSED:
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1. DILSHAD, S/O.FASAL RAHMAN, AGED 22 YEARS, THONDAYIL HOUSE, NELLIKKAPARAMBA P.O., MUKKOM, KOZHIKODE.
2. PRASHOBKUMAR. K.P., S/O. KUNHAN, AGED 20 YEARS, KUVVAPARAMBA HOUSE, NELLIKKAPARAMBA P.O., MUKKOM, KOZHIKODE.
BY ADVS.SRI.K.M.FIROZ, SMT.M.SHAJNA, SRI.S.KANNAN.
RESPONDENTS/STATE AND COMPLAINANT:
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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE SUB INSPECTOR OF POLICE, MAVOOR POLICE STATION, KOZHIKODE DISTRICT-673 003.
BY PUBLIC PROSECUTOR SRI.SREEJITH. V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
B.KEMAL PASHA, J.
============================ B.A. No. 9006 of 2014 ============================= Dated this the 21st day of January, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioners are A1 and A2 in Crime No.497 of 2014 of the Mavoor Police Station, registered for the offences punishable under Section 379 IPC and Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand (Amendment) Act, 2013.
3.
The allegation against the petitioners is that on 08.11.2014 at 07.40 a.m., they were found transporting sand illegally collected from the river without any licence or authorization by a lorry bearing registration No.KL-11-X-4070. On seeing the Police party, they ran away from the spot after leaving the vehicle and the sand.
4.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the CD.
5.
No criminal antecedents have been reported against the petitioners. It seems that the sand illegally collected and the vehicle, have been seized in the case. Investigation of the case is practically over. Custodial interrogation of the petitioners is not required in the matter as there is nothing more to be recovered. Considering the facts and circumstances of the case and the absence of any criminal antecedents on the part of the petitioners, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for ₹25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Wednesdays and Saturdays commencing from 28.01.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners 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 DSV/21/1/15 // True Copy // P.A. To Judge