Allowed

Yasir T.P. v. the State of Kerala

Kerala HC21 Feb 2022Bail Appl./268/2022

Case brief

AI extract

What is this about?

In bail application No. 268 of 2022, the High Court of Kerala at Ernakulam granted anticipatory bail to the accused in Crime No. 34/2022 alleging offences under Section 379 IPC and the Kerala Protection of River Banks Act, 2001, subject to conditions including bond execution and reporting to the investigating officer.

What did the court decide?

Petitioner granted anticipatory bail subject to conditions including execution of a bond of Rs. 50,000/- with two sureties, report to IO, and no new crimes.

Yasir T.P. Vs the State of Kerala — Land Acquisition | Kerala HC (2022)

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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 GOPINATH P.

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MONDAY, THE 21^ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943

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BAIL APPL. NO. 268 OF 2022

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Crime No.34/2022 of Tirur Police Station

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PETITIONER:

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YASIR T.P. AGED 35 YEARS, S/O.ABDUL KARIM, THEKKUPURATHU HOUSE, PERUNTHALLUR P.O., V.P.PURAM, THRIPANGODE, VETTOM - PALLIPPURAM, MALAPPURAM DISTRICT - 676 102.

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BY ADV BINOY VASUDEVAN

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 THE STATION HOUSE OFFICER TIRUR POLICE STATION, TIRUR P.O., MALAPPURAM DISTRICT - 676 101.

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OTHER PRESENT:

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.268/2022

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ORDER

The petitioner is the accused in Crime No.34/2022 of Tirur Police Station, Malappuram District alleging commission of offences under Section 379 of the Indian Penal Code and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as the 'Sand Act' for short).

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The allegation against the petitioner is that on 08-01-2022 at about 2.30 p.m, the petitioner was found transporting illegally mined river sand without any pass or permit in violation of the provisions of the Sand Act in vehicle bearing Registration No.KL-05 U6935.

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The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the vehicle and the sand have been seized by the police. It is submitted that the custody of the petitioner is not required for the purposes of any investigation. It is also submitted that the petitioner has no criminal antecedents.

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The learned Public Prosecutor on instructions would submit that though the sand and the lorry have been seized by the police, the presence of the petitioner is necessary for interrogation to complete the investigation into the case.

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Having regard to the facts and circumstances of the case and considering the fact that the lorry and the sand have been recovered by the police party, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.

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B.A. No.268/2022

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In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.34/2022 of Tirur Police Station subject to the following conditions:-

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(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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(ii) Petitioner shall report before the Investigating officer in Crime No.34/2022 of Tirur Police Station as and when called upon to do so;

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(iii) Petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the Investigating officer in Crime No.34/2022 of Tirur Police Station may file an application before the jurisdictional Court for cancellation of bail.

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Communicate a copy of this order to the District Collector, Malappuram, who shall ensure that expeditious steps are taken to complete the confiscation proceedings under the Sand Act.

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Sd/- GOPINATH P. JUDGE

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AMG

Yasir T.P. v. the State of Kerala

Case brief

What is this about?

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Yasir T.P. v. the State of Kerala

Case brief

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