Kerala High Court
Muneer Babu vs State Of Kerala on 7 December, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 7TH DAY OF DECEMBER 2016/16TH AGRAHAYANA, 1938
Bail Appl..No. 8592 of 2016
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CRIME NO. 357/2016 OF KOLATHUR POLICE STATION, MALAPPURAM
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PETITIONER(S)/ACCUSED 1 TO 3.:
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1. MUNEER BABU,
S/O MUHAMMEDKUTTI, AGED 24 YEARS,
MELETHIL HOUSE, VALAPURAM, PALLIPADI,
MALAPPURAM DISTRICT.
2. ABDUL JELEEL,
S/O KUNHIMUHAMMED, AGED 26 YEARS,
AVARIYIL HOUSE, KURUPATHAN, KOLATHUR,
MALAPPURAM DISTRICT.
3. SREEJITH,
S/O SIVASANKARAN, AGED 24 YEARS,
OORAMKOTTA PARAMBIL HOUSE,
PALOOR POST, CHETTIYANGADI,
MALAPPURAM DISTRICT.
BY ADVS.SRI.C.M.KAMMAPPU
SRI.MANSOOR.B.H.
RESPONDENT(S)/COMPLAINANT.:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
(REPRESENTING BY SUB INSPECTOR OF POLICE,
KOLATHUR POLICE STATION, MALAPPURAM DISTRICT.
BY PUBLIC PROSECUTOR SRI.SAJJU. S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
P.UBAID, J.
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B.A No.8592 of 2016
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Dated this the 7th day of December, 2016
O R D E R
The petitioners herein are the three accused in Crime No.357/2016 of the Kolathur Police Station, registered under Sections 308, 353, 379, 427 and 34 of the Indian Penal Code, Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act and Section 3(1) of the Prevention of Damage to Public Property Act. They seek regular bail under Section 439 of the Code of Criminal Procedure. The application filed by them for regular bail was dismissed by the learned Sessions Judge, Manjeri, on 28.11.2016. The petitioners have been in judicial custody since 9.11.2016.
2. The incident alleged in this case happened when the police party led by the first informant proceeded to obstruct a lorry on the public road, on getting information that the sand was being illicitly transported in the said lorry. The complaint shows that the driver was inside the car when the alleged act was committed by the accused. If so, there is scope for a B.A No.8592 of 2016 2 prosecution under Section 308 IPC. Section 379 IPC is alleged as regards removal of sand illicitly from the river. Of course, there is no scope for a prosecution under the PDPP Act because the car was admittedly a private car. However, a total loss of 70,000/- is seen alleged in the complaint.
3. This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, they will definitely obstruct the investigation.
4. On hearing both sides, and on a perusal of the materials including the case diary and the report of the investigating officer, I find that investigation in this case is practically over, and that the petitioners can be now released on appropriate conditions. I find that the Investigating Officer has already questioned the material witnesses, and has collected the necessary materials for a prosecution. I do not find the necessity of continued detention of the petitioners in custody. In the nature of the allegations and also the present stage of investigation, I feel it appropriate to impose very strict conditions for bail.
In the result, this application for bail is allowed. The B.A No.8592 of 2016 3 petitioners will be released on bail on their executing a bond with two solvent sureties for 50,000/- (Rupees fifty thousand only) each to the satisfaction of the court below having jurisdiction. Bail is granted on condition that;
a. The petitioners shall report before the Circle Inspector of Police, Perinthalmanna between 10.00 am and 11 am on all Tuesdays for a period of two months.
b. The petitioners shall not enter the limits of Kolathur Police Station for two months.
c. The petitioners shall not in any manner influence or intimidate the witnesses and they shall not have any contact with the material witnesses directly or over telephone or otherwise.
d. The petitioners shall make a security deposit of 20,000/- (Rupees twenty thousand only) each in the court below, simultaneously with execution of the bond.
e. The petitioners shall not involve in any offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, till trial of the case is over.
Forward a copy of this order to the Circle Inspector of Police, Perinthalmanna, who will report compliance of the conditions, directly to the learned Magistrate.
Sd/-
P.UBAID,
JUDGE
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