Allowed

Rafi v. State of Kerala

Kerala HC14 Sept 2021Bail Appl./6033/2021

Case brief

AI extract

What is this about?

This judgment grants bail to the accused petitioner, Rafi, in a case concerning illegal river sand transport. The High Court allowed bail subject to conditions including bond execution, appearance for interrogation, cooperation with investigation, and non-tampering with evidence.

What did the court decide?

Granted bail with bond of Rs. 50,000 and two sureties for Rs. 50,000 each, subject to specified conditions.

Rafi 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 MRS. JUSTICE SHIRCY V.

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TUESDAY, THE 14^TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943

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BAIL APPL. NO. 6033 OF 2021

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PETITIONER/ACCUSED (CRIME NO.289/2021 OF TIRUR POLICE STATION):

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RAFI

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AGED 31 YEARS S/O. KUNJIKADIYA, PALAKKAL, THAZHATHARA, THIRUNAVAYA, MALAPPURAM DISTRICT-676 301.

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BY ADVS. NIRMAL V NAIR ANEES.T AJAI BABU

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RESPONDENTS:

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STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031.

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MANU.P.G -SR.P.P

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 6033 OF 2021

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ORDER

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Apprehending arrest in connection with Crime No.289/2021 of Tirur Police Station, Malappuram District registered for the offences punishable under Section 379 of the Indian Penal Code and Section 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, the petitioner has moved this application under Section 438 of the Code of Criminal Procedure.

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The prosecution allegation is that on 20.04.2021 this petitioner was found illegally transporting river sand from Thazhathara bank of Bharathapuzha in his scooter bearing registration No.KL-10-Y-1651, which was an act that destroy biodiversity and disrupt the balance of nature and thereby committed the offence of theft and offence under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act and thus the crime has been registered against him.

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The learned counsel for the petitioner has submitted that he has not committed any offence as alleged but he has been falsely implicated in the case.

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The learned Public Prosecutor would submit that this petitioner has no criminal antecedents and now the investigation is

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BAIL APPL. NO. 6033 OF 2021

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in progress.

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Having regard to the nature of the allegations levelled against this petitioner, I do not find any materials to infer that custodial interrogation of this petitioner is inevitable in the case to proceed with the investigation. Moreover he has no criminal antecedents. Therefore, I think that this petition can be considered favourably subject to the following conditions:

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(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the investigating officer in the event of his arrest.

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(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing. (iii) He shall co-operate with the investigation and trial of the case.

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(iv) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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BAIL APPL. NO. 6033 OF 2021

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(v) He shall not commit any offence while on bail.

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In case of violation of any of the above conditions, the learned

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Magistrate is empowered to cancel the bail in accordance with the

law.

Sd/-

SHIRCY V.

JUDGE

mpm

Rafi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rafi v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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