This judgment grants anticipatory bail to the applicant charged with offences under Sections 269 and 379 IPC and state laws for illegal sand transportation. The court noted no criminal antecedents and granted bail subject to surrender and conditions.
Anticipatory bail granted with surrender within two weeks and a bond for Rs.50,000 with two sureties.
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 ASHOK MENON
TUESDAY, THE 18TH DAY OF AUGUST 2020 / 27TH SRAVANA, 1942
Bail Appl..No.4392 OF 2020
CRIME NO.638/2020 OF Tirur Police Station , Malappuram
PETITIONER/S:
CHENATH MUSTHAFA AGED 46 YEARS S/O. BEERAYUMMA, CHENATH HOUSE, CHERIYAPARAPPOUR, BBEERANCHIRA TIRUR, MALAPPURAM-676102. 676102
BY ADVS. SRI.P.C.ANIL KUMAR SRI.MANU.M.THOMAS SMT.P.SREESHA
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-PIN-682031. 682031
OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Dated this the 18th day of August 2020
This is an application for anticipatory bail filed under Section 438 Cr.PC.
On 7.6.2020, the vehicle which was in the possession of the applicant was apprehended by the Police for transportation of illegal river sand, and in consequence of that the driver and the applicant were made accused. The applicant states that he is not the registered owner of the vehicle and that he has been implicated with ulterior motives. Hence, he may be granted pre-arrest bail.
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and the learned Public Prosecutor.
In the result, the Bail Application is allowed and the applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, he shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the investigating officer, and on the following conditions:
(i) He shall appear before the investigating officer as and when called for and cooperate with the investigation.
(ii) He shall not intimidate or influence the witnesses or
tamper with evidence.
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(iii) He shall not get involved in any similar offence during the currency of the bail.
In case of breach of any of the above bail conditions, the prosecution is at liberty to approach the jurisdictional court for cancellation of the bail.
Sd/-
ASHOK MENON
JUDGE
jg
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in the present proceedings.
1 provisions across 1 enactments
CHENATH MUSTHAFA
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
