Allowed

Sakir P v. State of Kerala

Kerala HC26 Feb 2021Bail Appl./1694/2021

Case brief

AI extract

What is this about?

The Kerala High Court allowed an application for anticipatory bail filed by an accused alleged to have transported stolen river sand. The court directed surrender, bail, and specific conditions regarding witness interference and future offences.

What did the court decide?

Anticipatory bail granted subject to execution of bond with two sureties and specific reporting conditions; applicant directed to surrender within two weeks.

Sakir P Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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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 ASHOK MENON

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FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

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Bail Appl..No.1694 OF 2021

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CRIME NO.99/2021 OF TIRUR POLICE STATION, MALAPPURAM

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PETITIONER:

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SAKIR P SON OF KUNHAVARAN P, AGED 31 YEARS, PILALISSERY HOUSE, PERUNTHALLUR PO TIRUR, MALAPPURAM - 676102

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BY ADV. SRI.P.C.ANIL KUMAR

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031 R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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SMT.V.SREEJA -PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.1694 OF 2021

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O R D E R

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Dated this the 26th day of February, 2021

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This Bail Application filed under Section 438 of the Criminal Procedure Code was heard through Video Conference.

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The applicant is the accused in Crime No.99 of 2021 of Tirur Police Station, Malappuram, for having allegedly committed offences punishable under Section 379 IPC and also under Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (Sand Act).

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The prosecution case, in brief, is that on 09.02.2021, at about 9.00 a.m. the applicant was found engaged in transporting stolen river sand in a vehicle bearing registration No. KL-10-X-8208 in violation of the aforesaid provisions. When the vehicle was intercepted by

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the police party, the applicant fled away and could not be

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Bail Appl..No.1694 OF 2021

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arrested. The applicant apprehends arrest and has therefore approached this Court for anticipatory bail.

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Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.

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The learned Public Prosecutor submits that the applicant has got antecedents of having been involved in a similar offence. The vehicle and the sand have been seized. Custodial interrogation may not be required.

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In the result, the application is allowed and the applicant is directed to surrender before the Investigating Officer within two weeks. After interrogation, 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 following further conditions:

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(i) He shall appear before the Investigating

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Officer on all Saturdays between 9.00 am

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to 12.00 noon for a period of two months

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Bail Appl..No.1694 OF 2021

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or till filling of the final report, whichever is earlier.

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(ii) He shall not intimidate or influence witnesses and tamper with evidence.

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(iii) He shall not get involved in similar

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offences during the currency of the bail period.

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In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

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The bail application is allowed.

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(Sd/-)

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ASHOK MENON JUDGE

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Sakir P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sakir P v. State of Kerala

Case brief

What is this about?

What did the court decide?

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