Allowed

Fasil Mandayappuram v. State of Kerala

Kerala HC11 Mar 2022Bail Appl./584/2022

Case brief

AI extract

What is this about?

In bail application No 584 of 2022, the High Court of Kerala allowed the petitioner an order granting anticipatory bail subject to execution of a bond, reporting to the investigating officer, and abstaining from other crimes, noting recovery of seized items.

What did the court decide?

Petitioner released on bail subject to execution of a bond, reporting to the Investigating Officer, and not involving in any other crime.

Fasil Mandayappuram Vs State of Kerala — Bail and Remand | 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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FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943

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BAIL APPL. NO. 584 OF 2022

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CRIME NO.6/2022 OF KALPAKANCHERRY POLICE STATION, MALAPPURAM DISTRICT

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PETITIONER/ACCUSED:

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FASIL MANDAYAPPURAM

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AGED 32 YEARS, MANDAYAPPURAM HOUSE, KALLARMANGALAM
POST, MARAKKARA, TIRUR TALUK, MALAPPURAM DISTRICT,
PIN-676553.

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BY ADVS.
BINU V V VEETTIL VALAPPIL
S.K.PREMJITH MENON

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RESPONDENT/COMPLAINANT:

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

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OTHER PRESENT:

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SRI. T.R. RENJITH (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 584 OF 2022 2

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ORDER

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This is an application for anticipatory bail.

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The petitioner is the sole accused in Crime No.6/2022 of Kalpakancherry 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 06-012022 at about 11.15 a.m the petitioner was found transporting illegally mined river sand in violation of the provisions of the Sand Act in vehicle bearing Registration No.KL-07-AZ-4136. It is alleged that on seeing the police party, the petitioner stopped the vehicle and ran away from the vehicle.

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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.

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The learned Public Prosecutor on instructions would submit that though the sand and the lorry have been seized by

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BAIL APPL. NO. 584 OF 2022 3

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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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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.6/2022 of Kalpakancherry Police Station, Malappuram District 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.6/2022 of Kalpakancherry Police Station, Malappuram District as and when summoned to do so;

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

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BAIL APPL. NO. 584 OF 2022 4

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If any of the aforesaid conditions are violated, the Investigating officer in Crime No.6/2022 of Kalpakancherry Police Station, Malappuram District may file an application before the jurisdictional Court for cancellation of bail.

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The confiscation proceedings under the Sand Act shall be expedited. Communicate a copy of this order to the District Collector, Malappuram for compliance.

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Sd/GOPINATH P. JUDGE

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ats

Fasil Mandayappuram v. State of Kerala

Case brief

What is this about?

What did the court decide?

Fasil Mandayappuram v. State of Kerala

Case brief

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What did the court decide?

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