Appeal for anticipatory bail dismissed. Court held petitioner is owner-driver who knowingly unloaded sand to obstruct police seizure, constituting prima facie offences, making him unfit for bail.
Bail application dismissed. Petitioner advised to surrender if so advised by counsel.
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 K.ABRAHAM MATHEW
TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937
Bail Appl..No. 1938 of 2015
CRIME NO. 62/2015 OF AREACODE POLICE STATION, MALAPPURAM DISTRICT.
PETITIONER/ACCUSED:
ABDUL MUNEER MUNDODAN, S/O.MUHAMMED, AGED 19 YEARS, PUTHIYATH HOUSE, OZHUKOOR P.O, MALAPPURAM DISTRICT.
BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH
RESPONDENT(S)/STATE & COMPLAINANT:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2. THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, MALAPPURAM DISTRICT, PIN-673638.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
K. ABRAHAM MATHEW, J.
----------------------
Bail Appln. No.1938 of 2015
Dated this the 23rd day of June 2015
O R D E R
Petition filed under Sec.438 Cr.P.C.
2015 of Areacode Police station registered for the offences under Secs.308 and 379 of Indian Penal Code and Secs.20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The prosecution case is that he used his vehicle to transport river sand without any license or other documents. When the police attempted to seize the vehicle, the driver unloaded the sand to prevent the police vehicle from seizing him.
vehicle. He was fully aware of the consequences of unloading the sand abruptly just infront of the police jeep which was following his vehicle. Prima facie, he has committed the offences alleged against him. This is not a
B.A. No.1938 of 2015 2
fit case to grant anticipatory bail to the petitioner.
In the result, the bail application is dismissed.
Learned counsel for the petitioner submits that the petitioner may surrender before the investigating officer. He may do so if he is so advised.
Sd/-
K. ABRAHAM MATHEW JUDGE
/ True Copy /
P.A. To Judge
NS
1 issue framed by the court
Whether anticipatory bail should be granted to a petitioner who prima facie committed offences by obstructing police action.
3 provisions across 3 enactments
Abdul Muneer Mundodan
The State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
