Kerala High Court
Shaji.K vs The State Of Kerla on 21 November, 2018
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY,THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940
Bail Appl..No. 7319 of 2018
AGAINST THE ORDER IN CRL.MC 1394/2018 of SESSIONS
COURT,KOZHIKODE DATED 23-10-2018
CRIME NO. 293/2017 OF MARAD POLICE STATION , KOZHIKODE
PETITIONERS/ACCUSED NO.2, 3 AND 4:
1 SHAJI.K., AGED 38 YEARS, S/O NAVUTTY, KADAMBATTIL
HOUSE, PARAMBIL PEEDIKA, MALAPPURAM DISTRICT.
2 MOITHEENKUTTY, AGED 27 YEARS, S/O.MUHAMMED,
CHERUKOLIL HOUSE, OLAKKARA POST, KOLLAMCHINA,
MALAPPURAM DISTRICT.
3 ABDUL NAZAR, AGED 40 YEARS, S/O.AHAMMED, KOOMUNA
VALIYAPRAMBATH, OLAKARA POST, MALAPPURAM DISTRICT.
BY ADV. SRI.E.C.AHAMED FAZIL
RESPONDENTS/STATE:
1 THE STATE OF KERLA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI- 682 031.
2 THE SUB INSPECTOR OF POLICE,
MARAD POLICE STATION, KOZHIKODE CITY-673 015.
SR.PP C.N PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 7319 of 2018
2
ORDER
The petitioners herein are the accused Nos.2, 3 and 4 in crime No.293 of 2017 of Marad Police Station, Kozhikode District for offences punishable under section 379 of the Indian Penal Code.
2. The allegation of the prosecution is that some time in between night of 17.8.2017 at early hours of 18.8.2017, the petitioners herein cut and removed a sandal wood tree standing in the property of the defacto complainant. Crime was registered and the petitioners herein apprehending arrest, seek pre-arrest bail.
3. According to the learned counsel for the petitioners they got implicated in three other subsequent crimes and after long period in jail, they were granted bail by the court. The apprehension of the petitioners herein is not only that their custodial interrogation is not required but they apprehend that the implication in this crime is treated as a breach of the conditions in other bail applications since they are sought to be arrested now. It Bail Appl..No. 7319 of 2018 3 seems that the present crime is anterior to other three crimes in which they stand involved. The present crime is of the year 2017. There are other crimes of the year 2018.
4. It seems that the timber has not been recovered. The persons involved, the modes operandi of cutting and removing of trees and its disposal are matters which are within the exclusive knowledge of the petitioners herein, I feel that release on bail may hamper the investigation. Accordingly, bail application fails and is dismissed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy// PA to Judge