Kerala High Court
Muhammed Kutty vs State Of Kerala on 11 August, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 11TH DAY OF AUGUST 2020 / 20TH SRAVANA, 1942
Bail Appl..No.4662 OF 2020
IN CRIME NO.502/2020 OF TIRUR POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED:
MUHAMMED KUTTY,
AGED 35 YEARS,
S/O KUNHAMMAD,
THEKKADATH,
PERUNTHALOOR,
VP PURAM PO,
THRIPANGODE VETTOM,
PALLIPPURAM,
MALAPPURAM-676102
BY ADV. SRI.P.C.ANIL KUMAR
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,
PIN - 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.C.N.PRABHAKARAN - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.08.2020, ALONG WITH Bail Appl..4663/2020, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
B.A.Nos.4662 and 4663 of 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 11TH DAY OF AUGUST 2020 / 20TH SRAVANA, 1942
Bail Appl..No.4663 OF 2020
CRIME NO.502/2020 OF TIRUR POLICE STATION , MALAPPURAM
PETITIONER/2ND ACCUSED:
KOLUPARAMBIL RASHEED,
S/O KUNHIMON,
AGED 29 YEARS,
KOLUPARAMBIL HOUSE,
VETTOM PALLIPPURAM PO,
KURIKKAL PADI,
TIRUR,
MALAPPURAM,
PIN - 676102
BY ADV. SRI.P.C.ANIL KUMAR
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM.
PIN - 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.AMJAD ALI - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.08.2020, ALONG WITH Bail Appl..4662/2020, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
B.A.Nos.4662 and 4663 of 2020
3
COMMON ORDER
Dated this the 11th day of August, 2020 APPLICATION FOR ANTICIPATORY BAIL The applicant in B.A.No.4662 of 2020 is the 1 st accused and the applicant in B.A.No.4663 of 2020 is the 2 nd accused in Crime No.502 of 2020 of Tirur Police Station, Malappuram, for having allegedly committed offences punishable under Sections 269 and 379 of the IPC, Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and under Section 4(2)(f) & 5 of the Kerala Epidemic Diseases Ordinance 2020. The prosecution case, in brief, is thus:
2. On 28.04.2020, at about 6.20 PM, the 2nd accused, as a driver of vehicle bearing Registration No. KL 07 BA 2419, belonging to the 1st accused, was found transporting river sand illegally, in violation of the aforesaid provisions and also in violation of the Kerala Epidemic Diseases Ordinance. The lorry and the stolen sand were seized. However, the applicants were B.A.Nos.4662 and 4663 of 2020 4 not arrested. They are apprehending arrest and therefore, have approached this Court for anticipatory bail.
3. In view of the fact that the sand and the lorry involved in transporting the sand are already seized by the Police, I find no reason in incarcerating the applicants for any purpose. There is no possibility of their absconding and they are willing to co-operate with the investigation.
4. In the result, the applications are allowed and the applicants are directed to surrender before the Investigating Officer within two weeks. In the event of their being arrested, they shall be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty thousand only), each, with two solvent sureties each, for the like amount to the satisfaction of the Investigating Officer and on following further conditions:
(i) They shall appear before the Investigating Officer as and when called for.
(ii) They shall not intimidate or influence witnesses and tamper with evidence.
(iii) They shall not get involved in similar offences during B.A.Nos.4662 and 4663 of 2020 5 the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.
The bail applications are allowed.
Sd/-
ASHOK MENON JUDGE NR/11/08/20