Single judge of Kerala High Court allowed bail application filed by two accused persons. Anticipatory bail granted under Section 438 Cr.P.C. as investigation concluded and custodial interrogation deemed unnecessary.
Allowed anticipatory bail for petitioners directing police to enlarge them on bail upon executing bond of Rs. 25,000 each with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936
Bail Appl..No. 184 of 2015
CRIME NO. 495/2014 OF KOLATHUR POLICE STATION , MALAPPURAM DISTRICT
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PETITIONER(S)/PETITIONERS/ACCUSED 1 & 2 :
1. HANEEFA, AGED 35 YEARS, S/O.PAREETH, THOOMBIL HOUSE, VENGAD P.O,
2. ABDUL RAZAK, AGED 26 YEARS,
BY ADV. SRI.K.I.SAGEER
RESPONDENT(S)/STATE & COMPLAINANT :
STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, (F.I.R NO.495/2014) KOLATHUR POLICE STATION, KOLATHUR, MALAPPURAM DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN- 682 031.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
B. KEMAL PASHA, J.
B.A. No.184 of 2015
Dated this the 2nd day of February, 2015
O R D E R
~ ~ ~ ~ ~ ~
Petition under Section 438 Cr.P.C.
No.495/2014 of Kolathur Police Station, Malappuram 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.
BA.184/2015
: 2 :
BA.184/2015
: 3 :
(i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays, commencing from 09.02.2015 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)
aks/02/02
// True Copy //
PA to Judge
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioners accused of illegally transporting sand.
Whether the investigation is complete enough to dispense with custodial interrogation.
3 provisions across 3 enactments
Hanea
Abdul Razak
State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
B. Kemal Pasha
Parties & counsel
