In a bail application regarding offences under IPC Section 379 and the Kerala Sand Act, the High Court dismissed bail for two petitioners due to antecedents and escape, while directing the third petitioner to surrender within ten days.
Bail allowed for third petitioner on surrender within ten days; bail dismissed for first and second petitioners.
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 SUNIL THOMAS
WEDNESDAY,THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940
Bail Appl..No. 4567 of 2018
CRIME NO. 128/2018 OF Pandikad Police Station , Malappuram
PETITIONERS/ACCUSED:
1 SULAIMAN, S/O.MUHAMMED,AGED 44 YEARS,POOVATHI,THACHINGANADAM.P.O,ARICHOLA,PATTIKKAD, MALAPPURAM DISTRICT.
2 SALIM, S/O VEERAN,AGED 43 YEARS,PARAUTHIKUTH,PANDIKKAD,MALAPPURAM DISTRICT.
3 RIYAS, S/O ABDU HAJI,AGED 27 YEARS,NECHIKKADAN,THACHINGANADAM,ORAMBURAM,PATTIKKAD, MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENT/STATE & COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682031.
2 THE STATION HOUSE OFFICER, PANDIKKAD POLICE STATION,MALAPPURAM DISTRICT,PIN676521.
OTHER PRESENT:
SR.PP C.N PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA NO.4567/2018
2
O R D E R
Petitioners are accused in Crime No.128/2018 of Pandikkad Police station for offences punishable under sections 379 IPC and under sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act.
BA NO.4567/2018
3
Bail application of the first and second petitioners is dismissed.
Sd/-
SUNIL THOMAS
JUDGE
dpk
1 issue framed by the court
Whether bail should be granted to petitioners accused of theft and sand smuggling offences.
2 provisions across 2 enactments
Sulaiman
Salim
Riyas
The State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
