Allowed

Majeed v. the State of Kerala

Kerala HC19 Jan 2015Bail Appl./77/2015

Case brief

AI extract

What is this about?

The high court granted anticipatory bail to the sole accused under Section 438 Cr.P.C. in a criminal case involving theft and illegal sand removal, noting the absence of criminal antecedents and near completion of investigation.

What did the court decide?

Anticipatory bail granted on execution of bond for Rs. 25,000 with two solvent sureties for like sums, subject to reporting and standard conditions.

Majeed Vs the State of Kerala — Pension and Retirement Benefits | 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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MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936

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Bail Appl..No. 77 of 2015

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CRIME NO. 847/2014 OF THAMARASSERY POLICE STATION , KOZHIKODE

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PETITIONER(S)/ACCUSED:

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MAJEED, AGED 30 YEARS S/O.MUHAMMED, KUTTIKKADAN HOUSE, OORNGATTIRI AMSOM ERNAD TALUK, MALAPPURAM DISTRICT.

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BY ADVS.SRI.K.M.FIROZ

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SMT.M.SHAJNA

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RESPONDENT(S)/STATE AND COMPLAINANT:

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

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2. THE SUB INSPECTOR OF POLICE THAMARASSERY POLICE STATION, KOZHIKODE - 673 003.

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BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-01-2015, 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. 77 of 2015

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================================= Dated this the 19^th day of January, 2015

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ORDER

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Petition filed under Section 438 Cr.P.C.

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Petitioner is the sole accused in Crime No.847

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of 2014 of Thamarassery Police Station, Kozhikode, registered for the offences punishable under Sections 379 IPC and Sections 20 and 21 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 11.12.2014 at 6.30, he was found transporting sand illegally collected from the river without any licence or authorization by a vehicle bearing Reg.No.KL-59-4097. On seeing the police party, he got down from the vehicle and ran away from the spot. The vehicle and the sand were recovered.

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Heard the learned counsel for the petitioner

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B.A. No. 77 of 2015

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and the learned Public prosecutor. Perused the CD.

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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 his part, I am of the view that this is 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,

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-3-

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B.A. No. 77 of 2015

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and subject to the following terms and conditions:-

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(i) The petitioner shall report before the investigating officer in between 9.00 am and 11 am on all Mondays and Thursdays commencing from 26.01.2015 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. (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

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das

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// True copy //

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PA to Judge

Majeed v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Majeed v. the State of Kerala

Case brief

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What did the court decide?

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