Allowed

Nizamudheen v. the Station House Officer

Kerala HC29 Jan 2015Bail Appl./37/2015

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to the petitioner, an accused in a case involving illegal sand transportation, as the investigation was practically over and custodial interrogation was deemed unnecessary. Bail is subject to bond and specific conditions.

What did the court decide?

Petitioner enlarged on bail by executing a bond for `25,000/- with two solvent sureties each for the like sum.

Nizamudheen Vs the Station House Officer — 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 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936

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Bail Appl..No. 37 of 2015

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CRIME NO. 1537/2014 OF PERINTHALMANNA POLICE STATION , MALAPPURAM

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PETITIONER(S)/ACCUSED:

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NIZAMUDHEEN, AGED 22 YEARS S/O.MOHEMAD ALI, CHAKKINGAL HOUSE, PANG POST MALAPPURAM DISTRICT.

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BY ADV. SRI.T.PRASAD

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RESPONDENT/COMPLAINANT:

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THE STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B. KEMAL PASHA, J.

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B.A. No.37 of 2015

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Dated this the 29^th day of January, 2015

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O R D E R

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~ ~ ~ ~ ~ ~

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Petition under Section 438 Cr.P.C.

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Petitioner is the accused in Crime No.1537/2014

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of Perinthalmanna 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.

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The allegation against the petitioner is that on 21.11.2014 at 5 p.m. he was found transporting sand illegally collected from the river without any licence, by lorry bearing registration No.KL-36-5372. On seeing the police party, he stopped the lorry and ran away. The lorry and the sand have been seized.

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Heard learned counsel for the petitioner and learned Public Prosecutor.

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BA.37/2015

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: 2 :

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No criminal antecedents have been reported against the petitioner. The investigation of this case is

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practically over. As the lorry and the sand have been recovered and seized, there is nothing more to be recovered from the petitioner. On going through the contents of the CD and the present stage of investigation, I do not think that the custodial interrogation of the petitioner is required for the continued investigation of this case. Matters being so, 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 each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-

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BA.37/2015

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: 3 :

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(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays commencing from 05.02.2015 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

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conditions stipulated above will result in the cancellation of

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bail.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/29/01

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// True Copy //

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PA to Judge

Nizamudheen v. the Station House Officer

Case brief

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Nizamudheen v. the Station House Officer

Case brief

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