Abdul Jaleel v. The Station House Officer, Sreekrishnapuram Police Station
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 1936 Bail Appl..No. 9098 of 2014 () ------------------------------- CRIME NO. 752/2014 OF SREEKRISHNAPURAM POLICE STATION, PALAKKAD. ......
PETITIONER/ACCUSED:
---------------------------------- ABDUL JALEEL, AGED 44 YEARS, S/O.KUNJAVARA, ACHIPRA HOUSE, ALANALLUR P.O., ATHANIPPADI- 678 601.
BY ADVS.SRI.C.K.SREEJITH, SRI.K.S.BINOY.
RESPONDENTS/COMPLAINANT & STATE:
-------------------------------------------------------------
1. THE STATION HOUSE OFFICER, SREEKRISHNAPURAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM- 682 031.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM- 682 031.
BY PUBLIC PROSECUTOR SRI.SREEJITH. V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
B.KEMAL PASHA, J.
==================== B.A. No.9098 of 2014 ===================== Dated this the 6th day of January, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioner is the 2nd accused in Crime No.752 of 2014 of the Sreekrishnapuram Police Station 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 and the other accused is that on 10.11.2014 at 5.35 a.m., they were found transporting sand illegally collected from the river without any licence or authorization, by a tempo lorry bearing Reg.No.KL-13-L-1512. A1 was arrested from the spot. The petitioner has not been arrested so far.
4.
Heard learned counsel for the petitioner and learned Public Prosecutor.
5.
No criminal antecedents have been reported
B.A.No.9098 of 2014 -: 2 :- against the petitioner. 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 petitioner 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 his part, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
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 Rs.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 petitioner shall report before the
B.A.No.9098 of 2014 -: 3 :- investigating officer in between 09.00 a.m. and 11.00 a.m. on all Tuesdays and Fridays commencing from 13.01.2015 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.
B. KEMAL PASHA JUDGE DSV/6/1/15