The Kerala High Court allowed the anticipatory bail application of an accused charged with theft and illegal sand collection, directing his release upon execution of a bond with conditions.
Directing enlargement on bail with a bond of Rs.25,000/- and each surety for like sum, subject to reporting and other 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
WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936
Bail Appl..No. 27 of 2015 ()
CRIME NO. 1525/2014 OF MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT
PETITIONER/2ND ACCUSED :
UMMER K.P., AGED 34 YEARS KOZHINJIPARAMBIL HOUSE, WEST KODUR, KODUR P.O MALAPPURAM DISTRICT.
BY ADVS.SRI.P.SAMSUDIN SRI.JITHIN LUKOSE
RESPONDENT/COMPLAINANT :
THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682 031. ( IN CRIME NO.1525/2014 MALAPPURAM POLICE STATION IN MALAPPURAM DISTRICT)
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
B.KEMAL PASHA, J.
Dated this the 14th day of January 2015
ORDER
Application filed under Section 438 of the Code of Criminal Procedure.
B.A.27 of 2015
2
petitioner ran away from the spot after leaving the lorry with the load of sand.
Public Prosecutor. Perused the CD.
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
B.A.27 of 2015 3
conducting arrest, and subject to the following terms and
conditions:-
(i) The petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Wednesdays and Saturdays commencing from 21.1.2015 for a period of three months.
(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
dl
// TRUE COPY //
PA to Judge
1 issue framed by the court
Whether anticipatory bail is a fit case to be granted to the petitioner.
3 provisions across 3 enactments
UMMER K.P.
THE 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
