Allowed

Saikh Mukthar .P. v. the State of Kerala

Kerala HC22 Jan 2015Bail Appl./254/2015

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner accused of illegal sand transport and theft under Section 379 IPC and Kerala River Banks Act. Bail was granted with specific conditions including surrendering before the IO and refraining from tampering with evidence.

What did the court decide?

Petitioner to be enlarged on bail on executing a bond for Rs. 25,000 with two solvent sureties for the like sum each.

Saikh Mukthar .P. Vs the State of Kerala — Bail and Remand | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936

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Bail Appl..No. 254 of 2015

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CRIME NO. NOT KNOWN

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PETITIONER(S)/ACCUSED:-:

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SAIKH MUKTHAR .P.P., AGED 33 YEARS S/O.MUHAMMED ALI, THACHANCODE HOUSE, CHENGARA MALAPPURAM DISTRICT.

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BY ADV. SRI.BABU S. NAIR

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RESPONDENTS/STATE & COMPLAINANT:-:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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2. THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, MALAPPURAM DISTRICT PIN - 673 639.

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BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.KEMAL PASHA, J.

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============================

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B.A. No. 254 of 2015

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=============================

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Dated this the 22^nd day of January, 2015

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O R D E R

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Petition filed under Section 438 Cr.P.C.

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Petitioner is the accused in Crime No.22 of 2015 of the Areacode 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.

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The allegation against the petitioner is that on 08.01.2015 at 09.10 a.m., he was found transporting sand illegally collected from the river without any licence or authorization by a lorry bearing registration No.KL-56-1283. On seeing the Police party, he ran away from the spot after leaving the vehicle and the sand.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the CD.

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B.A. No.254 of 2015 2

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No criminal antecedents have been reported 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 the part of the petitioner, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.

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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 ₹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:-

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B.A. No.254 of 2015 3

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(i) The petitioner shall report before the

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investigating officer in between 09.00 a.m. and 11.00 a.m. on all Thursdays and Mondays commencing from 29.01.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.

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(ii) The petitioner shall not tamper with the evidence or influence witnesses.

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(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.

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(iv) The petitioner shall not involve in any offence while on bail.

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It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

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Sd/-

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B. KEMAL PASHA JUDGE

DSV/22/1/15

// True Copy //

P.A. To Judge

B.A. No.254 of 2015 4

Saikh Mukthar .P. v. the State of Kerala

Case brief

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Saikh Mukthar .P. v. the State of Kerala

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