Kerala High Court
Anees Babu K A vs State Of Kerala on 4 April, 2022
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 4TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944
BAIL APPL. NO. 1694 OF 2022
PETITIONERS:
1 ANEES BABU K A
AGED 27 YEARS
S/O ABDUL SALEEM, KARUTHEDATH, CHEMBRA, PATTAMBI,
PALAKKAD DISTRICT., PIN - 679304
2 MUHAMMED FASALU RAHMAN
AGED 29 YEARS
S/O MUAHMMED SHARIF, PATTANMMAR THODI, CHEMBRA POST,
THIRUVEGAPURA, PALAKKAD DISTRICT
, PIN - 679304
BY ADV BINU V V VEETTIL VALAPPIL
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
T.R.RENJITH SR P P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.1694 OF 2022
2
ORDER
This is an application for anticipatory bail. The petitioners are the 1st and 2nd accused in Crime No.517/2021 of Koppam Police Station, Palakkad 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).
2. The allegation against the petitioners is that on 21.11.2021 at about 5.30 AM the petitioners were found transporting illegally mined river sand without any pass or permit in violation of the provisions of the Sand Act in a vehicle bearing Registration No.KL 13 P 6038.
3. The learned counsel for the petitioners would submit that the petitioners are 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 petitioners is not required for the purposes of any investigation.
4. 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 petitioners are necessary for interrogation to complete the investigation into the case.
5. 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 petitioners can be granted BAIL APPL. NO.1694 OF 2022 3 anticipatory bail subject to conditions.
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 connection with Crime No.517/2021 of Koppam Police Station, Palakkad District subject to the following conditions:-
(i) Petitioners shall execute separate bonds for sums of Rs.50,000/-
(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioners shall report before the Investigating officer in Crime No.517/2021 of Koppam Police Station, Palakkad District as and when called upon to do so;
(iii) Petitioners shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.517/2021 of Koppam Police Station, Palakkad District may file an application before the jurisdictional Court for cancellation of bail.
The confiscation proceeding under the Sand Act shall be completed without any delay. Forward a copy of this order to the District Collector, Palakkad for compliance.
Sd/-
GOPINATH P. JUDGE AJ BAIL APPL. NO.1694 OF 2022 4 APPENDIX OF BAIL APPL. 1694/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.517/2021 OF KOPPAM POLICE STATION, DATED 22/11/2021