Allowed

Manikandan, v. State of Kerala

Kerala HC22 Jan 2022Bail Appl./9406/2021

Case brief

AI extract

What is this about?

This bail application, filed by two accused persons charged with illegal river sand mining under IPC Section 379 and the Kerala Protection of River Bank Act, 2001, was allowed. The court directed their release upon arrest subject to standard bail conditions, noting that sand and lorries had already been recovered.

What did the court decide?

Petitioners granted anticipatory bail subject to execution of bonds, reporting to the Investigating Officer, and not interfering with witnesses or committing further crimes.

Manikandan, Vs State of Kerala — Mining and Natural Resources | 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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SATURDAY, THE 22^ND DAY OF JANUARY 2022 / 2ND MAGHA, 1943

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BAIL APPL. NO. 9406 OF 2021

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CRIME NO.614/2021 OF Valanchery Police Station, Malappuram

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PETITIONER/ACCUSED 1 AND 2:

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1 MANIKANDAN, AGED 34 YEARS S/O. VELAYUDHAN NAIR, 180 (13/339) KORATTIYIL, MELAZHIYAM, ANAKKARA PANCHAYAT, PALAKKAD DISTRICT 679 551. 2 SREEJESH T.K., AGED 22 YEARS S/O. VASU T.K., THENAMKULATHIL HOUSE, PAZHUR, NEAR NADUVATTOM VILLAGE OFFICE, NADUVATTOM, MALAPPURAM DISTRICT 679 571. 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 THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM 682 031.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.9406/2021

ORDER

This is an application for anticipatory bail.

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The petitioners are the accused in Crime No.614/2021 of Valanchery 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 Bank and Regulations of Removal of Sand Act, 2001.

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The allegation against the petitioners is that they were transporting river sand mined illegally and thereby they committed the offences alleged against them.

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The learned counsel for the petitioners submits that the petitioners are absolutely innocent in the matter. It is submitted that the lorries in question and the sand have been recovered by the Police. It is submitted that, at any rate, the custodial interrogation of the petitioners is not necessary in the matter.

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I have heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioners and also considering the fact that the recovery of the sand and the lorries has already been effected, I am of the opinion that the petitioners 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 petitioners shall be released on bail in the event of their arrest in

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B.A.No.9406/2021

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connection with Crime No.614/2021 of Valanchery Police Station, subject to the following conditions:-

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(i) The petitioners shall execute separate bonds for sums of Rs.50,000/(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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(ii) The Petitioners shall report before the Investigating officer in Crime No..614/2021 of Valanchery Police Station at 9 a.m. on 28.1.2022 and thereafter whenever called upon to do so;

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(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.614/2021 of Valanchery Police Station ;

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(iv) The petitioners shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer

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in Crime No.614/2021 of Valanchery Police Station may file an application before the jurisdictional Court for cancellation of bail.

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sd/-

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GOPINATH P. JUDGE

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acd

Manikandan, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Manikandan, v. State of Kerala

Case brief

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What did the court decide?

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