Sudheesh vs State Of Kerala on 25 May, 2021

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Kerala High Court

Sudheesh vs State Of Kerala on 25 May, 2021

Bench: B.Sudheendra Kumar

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
           THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
      TUESDAY, THE 25TH DAY OF MAY 2021 / 4TH JYAISHTA, 1943
                       BAIL APPL. NO. 3051 OF 2021
    CRIME NO.102/2021 OF Kuttipuram Police Station, Malappuram


PETITIONER/ACCUSED:

           SUDHEESH
0




           AGED 27 YEARS
           SON OF SURESH, PARAYAN VALAPPIL,
           ATHALOOR POST, THAVANUR
           MALAPPURAM, PIN - 679573

           BY ADV BINU V V



RESPONDENT:

           STATE OF KERALA
0




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

           BY ADV.M.K.PUSHPALATHA, SR.PUBLIC PROSECUTOR



    THIS      BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
25.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3051 OF 2021
                              -2-




                         ORDER

The petitioner is the accused in Crime No.102 of 2021 of Kuttipuram Police Station registered for the offences punishable under Section 379 IPC and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short 'the Sand Act') on the allegation that on 27.03.2021 at about 4.55 am, the petitioner was found transporting river sand in a Tata Ace vehicle without having any valid document, in contravention of the provisions of the Sand Act.

2. The petitioner has filed this application under Section 438 Cr.P.C.

3. Heard.

4. The learned Public Prosecutor has no serious objection in allowing this application.

5. It has been submitted by the learned Public Prosecutor that the petitioner is not involved in any other BAIL APPL. NO. 3051 OF 2021 -3- offence of similar nature. The vehicle and the sand had been already seized by the Police. Therefore, no recovery is to be effected from the petitioner.

6. Considering the facts and circumstances of the case, including the fact that the petitioner is a first time offender, I am inclined to grant the relief under Section 438 Cr.P.C. in favour of the petitioner.

In the result, this application stands allowed and the petitioner shall be released on bail in the event of his arrest in Crime No.102/2021 of Kuttipuram Police Station, on condition of the petitioner executing a bond for Rs.35,000/- (Rupees Thirty Five Thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the petitioner shall surrender within twenty days, if not arrested in the meantime and subject to the following further conditions:

BAIL APPL. NO. 3051 OF 2021 -4-

1. The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

2. The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

3. The petitioner shall not get involved in any other offence during the pendency of this case.

Sd/-

B.SUDHEENDRA KUMAR JUDGE nkr/25.05.2021

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