Kerala High Court
Saju.J @ Ajayan vs State Of Kerala on 25 September, 2014
Author: A.Hariprasad
Bench: A.Hariprasad
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
THURSDAY, THE 25TH DAY OF SEPTEMBER 2014/3RD ASWINA, 1936
Bail Appl..No. 6643 of 2014
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CRIME NO. 1360/2014 OF NEYYATTINKARA POLICE STATION , NEYYATTINKARA,
THIRUVANANDAPURAM RURAL DISTRICT.
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PETITIONER / 1ST ACCUSED :
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SAJU.J @ AJAYAN, AGED 36 YEARS,
S/O.JUSTUS, MUKKAM PALA VEEDU, PIRAYAMMOODU,
NEYYATTINKARA P.O, THIRUVANANTHAPURAM RURAL DISTRICT.
BY ADV. SRI.K.I.SAGEER IBRAHIM
RESPONDENT / STATE & COMPLAINANT :
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STATE OF KERALA,
REP. BY SUB INSPECTOR OF POLICE,
(F.I.R. NO.1360/2014) NEYYATTINKARA POLICE STATION,
NEYYATTINKARA, THIRUVANANTHAPURAM RURAL,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 25-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A.HARIPRASAD, J.
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B.A.No.6643 of 2014
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Dated this the 25th day of September, 2014
ORDER
Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.1360 of 2014 of the Neyyattinkara Police Station, registered for the offences punishable under Section 379 of the Indian Penal Code and Sections 20 and 21 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, seeks anticipatory bail.
3. The prosecution allegation is that on 13.08.2014 the Police obtained an information that the accused persons had illegally stocked river sand in 50 buckets on the back side of his house.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. Learned counsel for the petitioner submitted that the petitioner is innocent of all accusations.
6. Learned Public Prosecutor opposed the bail application. It is contended that the petitioner intentionally B.A.No.6643 of 2014 2 committed theft of river sand, apart from the offences under the Act of 2001.
7. Considering the nature of the allegations against the petitioner I am of the view that the petitioner is not entitled to get anticipatory bail. The petitioner shall surrender before the magistrate having jurisdiction and move for regular bail. In the event, the learned magistrate shall consider the bail application on the date of his surrender.
Sd/-
A.HARIPRASAD, JUDGE.
AS /True Copy/ P.A. to Judge