The Kerala High Court granted anticipatory bail to the petitioner, accused of illegal sand mining. The Court observed that no custodial interrogation was necessary as contraband and the vehicle were already seized, allowing release on bond.
Anticipatory bail allowed on execution of bond for Rs.50,000 with two solvent sureties of like sum.
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 K.HARIPAL
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943 BAIL APPL. NO. 2909 OF 2021
IN CRIME NO.94/2021 OF KUTTIPPURAM POLICE STATION, MALAPPURAM. PETITIONER/ACCUSED:
SAMEER C AGED 33 YEARS SON OF HYDRU, CHERUPUTHOOR, THIRUTHI, THIRUNAVAYA MALAPPURAM, PIN - 676301 BY ADV BINU V V VEETTIL VALAPPIL
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR
SR.PP - SRI. SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.2909 of 2021
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ORDER
The petitioner is the sole accused in Crime No.94/2021 of Kuttippuram Police Station, which was registered alleging offence punishable under Section 379 of the IPC and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
In this circumstance, further custodial interrogation is not insisted upon. Therefore, in the event of arrest, the petitioner can be
B.A.No.2909 of 2021
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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 evidence and shall not involve in any crime during the period on bail.
Bail application is allowed as above.
Sd/-
K.HARIPAL JUDGE
Jms/02.07
//True Copy// P.A to Judge
1 issue framed by the court
Whether to allow anticipatory bail in an offence under Section 379 IPC and the Kerala Protection of River Banks Act, 2001.
2 provisions across 2 enactments
Sameer C
State of Kerala
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
