Allowed

Abdulkareem v. the State of Kerala

Kerala HC23 Aug 2016Bail Appl./4683/2016

Case brief

AI extract

What is this about?

This bail grant order disposed of anticipatory bail Application No. 4683 of 2016 filed by Abdul Kareem in a charge under Section 379 IPC and Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. The court granted bail on surrender within ten days upon executing a bond and complying with reporting and non-interference conditions, noting the petitioner as

What did the court decide?

The petitioner was granted anticipatory bail on surrender within ten days upon executing a bond for Rs. 10,000 with two sureties, subject to conditions of reporting, non-committal of similar offenses,

Abdulkareem Vs the State of Kerala — Anticipatory Bail | Kerala HC (2016)

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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.SUDHEENDRA KUMAR

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MONDAY, THE 23RD DAY OF AUGUST 2016/1ST BHADRA, 1938 Bail Appl..No. 4683 of 2016 ()

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CRIME NO. 236/2016 OF KODUVALLY POLICE STATION , KOZHIKODE

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PETITIONER/ACCUSED :

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ABDULKAREEM AGED 42 YEARS, S/O. ALI, KUTTIPALA HOUSE, MOOTHEDAM AMSOM, NILAMBUR TALUK, MALAPPURAM DISTRICT-679 331.

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BY ADVS.SRI.K.M.FIROZ SRI.E.C.AHAMED FAZIL SRI.S.KANNAN SMT.M.SHAJNA SMT.UMMUL FIDA

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**.. CRIME NO.236/2016 OCCURING IN THE CAUSE TITLE OF BAIL APPLICATION IS CORRECTED AND SUBSTITUTED AS CRIME NO.236/2015 AS PER ORDER DT.11.8.2016 IN CRL.M.A.8337/2016 IN BA.4683/2016.

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RESPONDENTS/STATE AND COMPLAINANT:

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

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THE SUB INSPECTOR OF POLICE KODUVALLY POLICE STATION, KOZHIKODE DISTRICT-673 005.

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BY PUBLIC PROSECUTOR, SHRI.ALEX M.THOMBRA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-082016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.SUDHEENDRA KUMAR, J.

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Bail Application No.4683 of 2016

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- - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 23^rd day of August 2016

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O R D E R

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The petitioner is the sole accused in Crime

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No.236/2015 of Koduvally Police Station, Kozhikode registered under Section 379 of the Indian Penal Code and Sections 20 and 21 of the Kerala Protection of River

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Banks and Regulation of Removal of Sand Act, 2001.

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The prosecution allegation is that on 29.5.2015 at about 7.30 a.m., the petitioner was found transporting sand in a tipper lorry bearing Reg. No.KL 58/6306 in contravention of the provisions of the Act. When the defacto complainant signalled to stop the tipper lorry, the

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BA 4683/2016

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: 2 :

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petitioner stopped the lorry and ran away from there. The petitioner has filed this application praying for the relief under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted that

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the petitioner is not involved in any other offence of similar nature. Considering the nature of allegations raised against the petitioner and also taking into consideration of the fact that the petitioner is a first time offender, I am of the view that an order under Section 438 Cr.P.C. in favour of the

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petitioner will be justified in this case.

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In the result, this application stands allowed and the respondents are directed to release the petitioner on bail in the event of his arrest in connection with Crime No.No.236/2015 of Koduvally Police Station on condition

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BA 4683/2016

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: 3 :

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of the petitioner executing a bond for Rs.10,000/- (Rupees

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ten thousand only) with two solvent sureties, each for the like sum to the satisfaction of the second respondent, before whom the petitioner shall surrender within ten days from today and subject to the following conditions:

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(i) The petitioner shall report before the Investigating Officer on every Monday between 9.00 a.m. and 11.00 a.m. for three months and thereafter as and when required by the Investigating Officer for interrogation.

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(ii) The petitioner shall not get involved in any offence of similar nature while on bail.

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(iii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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Sd/-

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B.SUDHEENDRA KUMAR, JUDGE

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dl/23.8.2016

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// True Copy//

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PA to Judge

Abdulkareem v. the State of Kerala

Case brief

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Abdulkareem v. the State of Kerala

Case brief

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