Allowed

Abdul Kabeer T v. State of Kerala

Kerala HC16 Jul 2021Bail Appl./2637/2021

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail under Section 438 Cr.P.C. to the petitioner charged with illegal mining and use of explosives. Conditions for bail were fixed regarding bond amount, surrender to investigation, and non-interference.

What did the court decide?

Bail granted subject to bond of Rs.50,000/- with two sureties, surrender within ten days, cooperation with investigation, and no tampering with evidence.

Abdul Kabeer T Vs State of Kerala — Bail and Remand | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE K.HARIPAL

¶4

FRIDAY, THE 16^TH DAY OF JULY 2021 / 25TH ASHADHA, 1943 BAIL APPL. NO. 2637 OF 2021

¶5

CRIME NO.347/2020 OF Pandikkad Police Station, Malappuram PETITIONER/ACCUSED NO.1:

¶6

ABDUL KABEER T AGED 58 YEARS SON OF ALIKKUTTY, THENNADAN HOUSE, CHUNGATHUKUNNU, VELLUVANGAD P.O., VETTIKKATTIRI, PANDIKKAD, MALAPPURAM DISTRICT MALAPPURAM, PIN - 676521

¶7

BY ADV K.RAKESH

¶8

RESPONDENTS/STATE & COMPLAINANT:

¶9

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

¶10

2 THE STATION HOUSE OFFICER PANDIKKAD POLICE STATION, MALAPPURAM DISTRICT. MALAPPURAM, PIN - 676521

¶11

BY ADV.SANTHOS PETER, SR. PUBLIC PROSECUTOR

¶12

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

BAIL APPL.NO.2637 OF 2021

¶14

-2-

¶15

O R D E R

¶16

The first accused in crime No.347/2020 of Pandikkad police station in Malappuram district is before Court, seeking pre-arrest bail under Section 438 of the Cr.P.C. The allegation against the petitioner and others are under Section 5 and 6 of the Explosive Substances Act, 1908.

¶17

It is alleged that on 26.11.2020, the petitioner and others were found engaged in illegal mining of quarry in Areechola.

¶18

I heard the counsel on both sides.

¶19

The learned counsel for the petitioner submits that

¶20

the second accused was arrested and has already been granted bail; accused Nos.3 and 4 were also granted anticipatory bail.

¶21

The crime was registered after finding the petitioner and others engaged in illegal mining of granite. All the explosive substances and vehicles etc. used for quarrying for have already been recovered under a mahazar. There is nothing remaining to be recovered from his possession. The

¶22

BAIL APPL.NO.2637 OF 2021 -3-

¶23

petitioner offers to co-operative with the investigation. Eventhough it is alleged that he was the person running the quarry, his custodial interrogation is not warranted.

¶24

Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.

¶25

This bail application is allowed as above.

¶26

Sd/-

¶27

K.HARIPAL JUDGE

¶28

nkr/16.07.2021

Abdul Kabeer T v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Kabeer T v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Muhammad Althaf Vs State of Kerala

Sonu P Vs State of Kerala

A. Balasubramanian Vs State of Kerala

Francis Salas Vs State of Kerala

Ashokan P Vs State of Kerala

Harikrishnan.S Vs State of Kerala