In a bail application filed by the registered owner of a vehicle seized during an investigation into alleged illegal possession of stolen river sand, the High Court of Kerala granted anticipatory bail subject to surrender for interrogation and execution of a bond.
Anticipatory bail granted; directed to surrender within two weeks and execute a bond for Rs. 50,000.
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
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
Bail Appl..No.254 OF 2021
CRIME NO.05/2021 OF TIRUR POLICE STATION, MALAPPURAM
PETITIONER:
JAFAR SON OF BEERAN, AGED 34 YEARS, PERUNTHAKLOOR,TRIPANGOD, VP PURAM,MALAPPURAM 676102
BY ADV. SRI.P.C.ANIL KUMAR
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031 R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.V.SREEJA -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.254 OF 2021
2
O R D E R
Dated this the 25th day of January, 2021
This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.
Bail Appl..No.254 OF 2021
3
the spot. The applicant is the registered owner of the vehicle which was seized. The applicant apprehends arrest and has therefore approached this Court for anticipatory bail.
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:
Bail Appl..No.254 OF 2021
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as and when called for and co-operate with the investigation.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
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.
(Sd/-) ASHOK MENON JUDGE
LU
1 issue framed by the court
Whether the applicant, being the owner of a vehicle seized during an investigation into alleged theft of sand, is entitled to anticipatory bail.
1 provisions across 1 enactments
JAFAR SON OF BEERAN
STATE OF KERALA
AJAY KUMAR MISHRA
SANTOSH YADAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
