Allowed

Suhail V.K v. State of Kerala

Kerala HC7 Feb 2023Bail Appl./580/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the second accused in a criminal case involving river sand theft and obstruction. Echoing prior orders for other accused in the same case, the court held custodial interrogation unnecessary and allowed bail on specific conditions.

What did the court decide?

Anticipatory bail granted subject to conditions including surrender within ten days, execution of bond, and cooperation with investigation.

Suhail V.K Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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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 A. BADHARUDEEN TUESDAY, THE 7^TH DAY OF FEBRUARY 2023 / 18TH MAGHA, 1944

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BAIL APPL. NO. 580 OF 2023 CRIME NO.386 OF 2022 OF KOPPAM POLICE STATION, PALAKKAD

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PETITIONER/2ND ACCUSED :

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SUHAIL V.K., AGED 32 YEARS S/O.SAIDALAVI, VALLIKKUNNATH HOUSE, VILAYUR WEST POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679309

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BY ADVS. R.SREEHARI HAMZA A.V.

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RESPONDENTS/STATE & COMPLAINANT :

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

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2 STATION HOUSE OFFICER KOPPAM POLICE STATION, PULASSERI POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679307

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BY SRI.P.G.MANU, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.580 of 2023

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..2..

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A.BADHARUDEEN, J.

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B.A.No.580 of 2023

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--------------------------------------------------------

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Dated this the 7^th day of February, 2023

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O R D E R

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This application for anticipatory bail filed

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under Section 438 of the Code of Criminal Procedure,

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by the second accused in Crime No.386 of 2022 of Koppam Police Station, Palakkad.

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Heard the learned counsel for the

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petitioner and also the learned Public Prosecutor.

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I have perused the case diary materials

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produced by the learned Public Prosecutor.

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This Court granted anticipatory bail to the

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first accused, as per order in B.A.No.10419/2022, dated

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B.A.No.580 of 2023

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..3..

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09.01.2023. Similarly, this Court granted anticipatory bail to the third accused, as per order in B.A.No.600/2023, dated 02.02.2023. The order of this

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Court on 02.02.2023 in B.A.No.600/2023 is as under:

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“This is an application for anticipatory bail, filed by the 3^rd accused in Crime No.386/2022 of Koppam Police Station.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The learned counsel for the petitioner submitted that this Court granted bail to the 1^st accused, as per order in B.A.No.10419/2022, dated 9.1.2023. The order is extracted hereunder:

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“This is an application for anticipatory bail.

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2. Petitioner is the 1^st accused in Crime No.386 of 2022 of Koppam Police Station, Palakkad District registered alleging commission of offences punishable under Sections 353, 294(b) and 506 of the Indian Penal Code which were later altered to Section 379 IPC and Section 20 read with Section 23 of the Kerala Protection of River

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B.A.No.580 of 2023

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..4..

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Banks and Regulation of Removal of Sand Act.

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3. The prosecution allegation is that on 19.11.2022 at 10.30 p.m. while the defacto complainant and members of his squad detected theft of river sand from Thootha river and transportation of the sand in a tipper lorry, they chased the tipper lorry and attempted to seize the lorry and sand, but the accused along with 2 others threatened and obstructed them from discharging their official duty. Thus the petitioner has committed the abovesaid offences.

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4. Petitioner submits that he is innocent of the allegations levelled against him. Petitioner is a meat merchant conducting his business at Valancherry and Koppam areas. On the alleged date of incident, the petitioner was travelling from Valancherry to Koppam in his car after meeting his customers at Valancherry. Petitioner is a native of Vilayur and is conducting his meat business during early morning so that the meat merchants could open their stores at early hours. On the alleged date of incident, while the petitioner was travelling in his car, a private Baleno Car chased the car of the petitioner in a rash and negligent manner

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B.A.No.580 of 2023

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..5..

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and attempted to hit on the petitioner's car. The said act was questioned by the petitioner. Thereafter the police officials informed the petitioner that the said private Baleno Car was used by the defacto complainant and they were chasing a lorry which was plying in front of the petitioner's car. Moreover, the persons who were travelling in the private Baleno Car never ever identified them or even intimated their course of travel. The petitioner is not in any way connected with the lorry which was chased by the defacto complainant and his team. The petitioner was falsely implicated in the case due to the questioning done by the petitioner to the defacto complainant and his team for the rash and negligent driving.

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5. Learned Public Prosecutor seriously opposed the application for bail mainly contending that the revenue authorities got information that sand was illegally transported and they followed the tipper lorry in a private hired vehicle and they attempted to seize the vehicle. Accused Nos. 1 and 2 shouted and threatened them and also blocked the vehicle of the revenue officials with their two vehicles and

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B.A.No.580 of 2023

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intimidated them and thus caused deterrence to the discharge of their official duty. The Prosecutor further submits that the petitioner is involved in other criminal cases.

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Considering the facts and circumstances of the case and the nature of the allegations, I am of the opinion that custodial interrogation of the petitioner may not be required for the purpose of investigation. Therefore I am inclined to grant anticipatory bail to the petitioner granting a limited custody for the purpose of investigation. In the result, the application is allowed. The petitioner shall surrender before the Investigating Officer in Crime No.386 of 2022 of Koppam Police Station, Palakkad District on 16.01.2023 at 11.00 a.m. and shall make himself available for interrogation on that day or on any other day/days and time as directed by the investigating officer. The petitioner shall cooperate with the investigation. In the event of the arrest of the petitioner in Crime No.386 of 2022 of Koppam Police Station,

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B.A.No.580 of 2023

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Palakkad District, he shall be produced before the jurisdictional court on the very same day and shall be released on bail subject to the following conditions.

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xxx xxx

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Since the stature of the petitioner is at par with the 1^st accused, for the same reasons, anticipatory bail is liable to be granted to the petitioner also, though the learned Public Prosecutor opposed bail.

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Therefore, the bail application is allowed and the petitioner can be enlarged on bail on the following conditions:

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xxx xxx

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5. Since the stature of the petitioner is at

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par with the first and third accused, for the same

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reasons, anticipatory bail is liable to be granted to the petitioner also, though the learned Public Prosecutor

opposed bail.

B.A.No.580 of 2023

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Therefore, the bail application is allowed and

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the petitioner can be enlarged on bail on the following

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conditions:

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i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner. In the event of his arrest, the Investigating Officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

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ii. On such production, the jurisdictional court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) by himself and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court.

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iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

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B.A.No.580 of 2023

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..9..

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iv. The petitioner, shall not, intimidate the witnesses or interfere with the investigation in any manner.

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v. The petitioner shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.

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Sd/-

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A.BADHARUDEEN, JUDGE

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B.A.No.580 of 2023

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APPENDIX OF BAIL APPL. 580/2023

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PETITIONER ANNEXURES

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ANNEXURE1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.386/2022 OF KOPPAM POLICE STATION, PALAKKAD DISTRICT DATED 19/11/2022 ANNEXURE2 TRUE COPY OF THE ORDER PASSED IN BAIL APPLICATION NO.10419/2022 DATED 09/01/2023 BY THE HON'BLE HIGH COURT OF KERALA

Suhail V.K v. State of Kerala

Case brief

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Suhail V.K v. State of Kerala

Case brief

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