The single-judge division of the Kerala High Court granted anticipatory bail to the petitioner, an accused in a case involving illegal sand transportation under Sections 379 IPC and the Kerala Protection of River Banks Act, 2001.
Petitioner allowed anticipatory bail on bond of Rs. 25,000/- with two sureties, subject to conditions.
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. 224 of 2015
CRIME NO. 427/2014 OF KADAMPUZHA POLICE STATION , MALAPPURAM DISTRICT
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PETITIONER(S)/ACCUSED :
MUHAMED SALEEM, AGED 24 YEARS, S/O.UMMAR V.P, VALPARAMBIL HOUSE, KARIPPOL P.O, TIRUR TALUK.
BY ADVS.SRI.K.M.FIROZ
SMT.M.SHAJNA SRI.S.KANNAN
RESPONDENT(S)/STATE AND COMPLAINANT :
1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. THE SUB INSPECTOR OF POLICE, KADAMPUZHA POLICE STATION, MALAPPURAM DISTRICT- 676 101
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.224 of 2015
Dated this the 2nd day of February, 2015
O R D E R
~ ~ ~ ~ ~ ~
Petition under Section 438 Cr.P.C.
Kadampuzha 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.
30.11.2014 he was found transporting sand illegally collected from the river without any licence, by vehicle bearing registration No.KL-13C-6050. On seeing the police party, he stopped the lorry and ran away. The lorry and the sand have been seized.
BA.224/2015
: 2 :
BA.224/2015
: 3 :
subject to the following terms and conditions:-
(i) The petitioner 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 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/02/02
// True Copy //
PA to Judge
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in the circumstances of the case.
4 provisions across 3 enactments
Muhammed Saleem
The State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
