The High Court of Kerala granted anticipatory bail to the accused in a case involving illegal transportation of river sand under IPC and the River Banks Act, subject to bond conditions and reporting requirements.
Anticipatory bail granted on bond of Rs. 25,000 with two sureties for like amounts, subject to periodic 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
FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936
Bail Appl..No. 72 of 2015 ()
----------------------------CRIME NO. 1743/2014 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT
PETITIONER/ACCUSED:
ASKARALI.K, AGED 30 YEARS, S/O.MOIDEENKUTTY.K., KADAVATHAKATH HOUSE, PUTHUPALLI P.O., TIRUR TALUK.
BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA
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,
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
B.KEMAL PASHA, J.
B.A.No.72 of 2015 D
Dated this the 16th day of January 2015
ORDER
Application filed under Section 438 of the Code of Criminal Procedure.
of Tirur Police Station registered for the offences punishable under
Section 379 read with Section 34 of the Indian Penal Code and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
load of sand.
B.A.No.72 of 2015
2
Public Prosecutor. Perused the CD.
criminal antecedents have been reported against the petitioner.
There is nothing to be recovered from the petitioner, as the lorry and the sand have been seized. Considering the facts and circumstances of the case, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
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 conducting arrest, and subject to the following terms and conditions:-
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B.A.No.72 of 2015
(i) The petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Fridays and Tuesdays, commencing from 23.01.2015 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
dl
// TRUE COPY //
PA to Judge
1 issue framed by the court
Whether anticipatory bail should be granted to the accused facing charges for illegal possession of river sand.
3 provisions across 3 enactments
ASKARALI.K
THE STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
