Allowed

Shamsudeen v. State of Kerala

Kerala HC8 Feb 2022Bail Appl./34/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the petitioner's application for anticipatory bail in a cheating/forgery type sand mining case. The court held that since the lorry and sand were recovered, detention was not necessary, granting bail subject to bond, reporting, and no further crime conditions while directing confiscation proceedings.

What did the court decide?

Petitioner released on bail subject to execution of bond, reporting to IO, and no further crime conditions; copy sent to District Collector for confiscation.

Shamsudeen Vs State of Kerala — Bail and Remand | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

TUESDAY, THE 8^TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943

¶5

BAIL APPL. NO. 34 OF 2022

¶6

CRIME NO.503/2021 OF VAZHAKKAD POLICE STATION, MALAPPURAM

¶7

PETITIONER/ACCUSED:

¶8

SHAMSUDEEN AGED 32 YEARS S/O. AYISHAKUTTY, EDATHODI HOUSE, CHERIYEDATH PALLIYALI HOUSE, VAZHAKKAD P. O. - 673 640, MALAPPURAM DISTRICT.

¶9

BY ADVS. P.SAMSUDIN LIRA A.B.

¶10

RESPONDENT/COMPLAINANT:

¶11

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

¶12

(IN CRIME NO.503/2021 OF VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT)

¶13

OTHER PRESENT:

¶14

ADV RENJITH -SR.PP

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.34/2022

ORDER

This is an application for anticipatory bail.

¶20

The petitioner is the sole accused in Crime No.503/2021 of Vazhakkad Police Station, Malappuram District alleging commission of offences under Section 379 of the Indian Penal Code and Sections 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as the 'Sand Act' for short).

¶21

The allegation against the petitioner is that on 15-12-2021 at about 11.45 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 17D 644.

¶22

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.

¶23

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.

¶24

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.

¶25

B.A.No.34/2022

¶26

¶27

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. 503/2021 of Vazhakkad Police Station subject to the following conditions:-

¶28

(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;

¶29

(ii) Petitioner shall report before the Investigating officer in Crime No. 503/2021 of Vazhakkad Police Station as and when called upon to do so; (iii) Petitioner shall not involve in any other crime while on bail.

¶30

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 503/2021 of Vazhakkad Police Station may file an application before the jurisdictional Court for cancellation of bail.

¶31

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.

¶32

sd/-

¶33

GOPINATH P. JUDGE

¶34

acd

Shamsudeen v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shamsudeen 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

Aneesh @ Ramesh .M.P., Vs State of Kerala

P.Gopalakrishnan Alias Dileep Vs State of Kerala

Byju B.R. Vs State of Kerala

Gopalakrishnan, Vs State of Kerala

Rinshad, Vs State of Kerala

Sooraj V.L. Vs State of Kerala