In this bail application, the Kerala High Court disposed of the petition for anticipatory bail. Considering the applicant's antecedents involving similar offences, the court denied anticipatory bail and directed surrender.
Anticipatory bail denied; applicant directed to surrender to investigating officer within two weeks.
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
FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942
Bail Appl..No.5553 OF 2020
CRIME NO.0677/2020 OF Tirur Police Station, Malappuram
PETITIONER/S:
IBRAHIM AGED 38 YEARS SON OF ALIKKUTTY PERUMAL PARAMBIL HOUSE KARATHUR CODACAL PO, MALAPPURAM 676108
BY ADV. SHRI. RAJ CAROLIN V.
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
R1 BY PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.5553 OF 2020
2
ORDER
Dated this the 13th day of November 2020
This is an application filed under Section 438
of Cr.P.C seeking anticipatory bail.
The applicant is the accused in Crime
No.677/2020 of Tirur Police Station, Malappuram for having allegedly committed offences punishable under Sections 379, 332, 353 and 269 of the IPC, 20 and 23 of the Kerala Protection of River Banks
and Regulation of Removal of Sand Act, 2001.
some other persons were found transporting river sand in a vehicle bearing Reg.No.KL-17D-5728 violating the aforesaid provisions. The vehicle was intercepted, and the sand as well as the
vehicle were taken into custody. Offences under Sections 332, 353 and 269 were deleted.
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Bail Appl..No.5553 OF 2020
apprehending arrest and therefore may be granted anticipatory bail.
and the learned Public Prosecutor.
the applicant has three other crimes against him
for offences of similar nature. In case he is
granted anticipatory bail, there is every
possibility of his getting involved in offences of similar nature.
After having considered the antecedents of the applicant for having committed offences of similar nature, I am of the view that the applicant is not
entitled to the extraordinary remedy of anticipatory bail in this case. The application is therefore disposed of with a direction to the applicant to surrender before the investigating
officer within two weeks. In the event of his
being arrested, he shall be produced before the
Bail Appl..No.5553 OF 2020
jurisdictional court, where he is at liberty to apply for regular bail which can be considered by the learned Magistrate on its merits and disposed
of preferably on the very same date.
Sd/-
ASHOK MENON
JUDGE
SPK
1 issue framed by the court
Whether anticipatory bail should be granted to an accused apprehending arrest in a river sand transport case given antecedents of similar offences.
1 provisions across 1 enactments
Ibrahim
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
